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HomeMy WebLinkAbout551289 ALL PRO SEALING & ASPHALT - CONTRACT - BID - 8457 CRACK SEAL & FILL PROJECT� F6rt Collins ` �Pur�chas�ing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Nlason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970221.6707 fcgo r. conc purchasing CONTRACT DOCUMENTS CRACK SEAL & FILL PROJECT 2018 RENEWAL BID NO. 8457 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers n/a to n/a, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 7 of 16 SECTION 01340 SUBMITTALS L I GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. I. Project Engineer will not accept submittals from anyone but the Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineer's notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous submissions. END OF SECTION General Requirements - Page 9 of 16 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. The contractor and sub -contractors shall have visible company names on all vehicles that enter the work zone. C. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. D. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). E. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of their subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 10 of 16 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself/herself that the construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION General Requirements - Page 11 of 16 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. Review the requirements of Section 108. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. Startup of the hot pot shall be in accordance with Section 108. 1.2 DUST CONTROL A. The Contractor shall abide by the City of Fort Collins "Dust Control Manual" located herein the contract documents under section 4000. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins limits. B. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. C. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). General Requirements - Page 13 of 16 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only to/from the north on Taft Hill Road to County Road 54G. END OF SECTION General Requirements - Page 14 of 16 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request records, photographs, and written descriptions of said work as may be required by the Engineer. Documents shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 15 of 16 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance including traffic control. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, tools, and traffic control personnel and equipment; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. Refer to the "Project Specifications" documents to define payment items. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount thereof. END OF SECTION General Requirements - Page 16 of 16 may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS By: GERRY PXJI PURCHASING DIRECTOR Date: Attest: City Clerk Address for giving notices: 6� FR T•C� P. O. Box 580 '.:' Fort Collins, CO 80522 �? SEAL Approved as to Form ••COLORP'0 Assi$fant City Attorney 11 CONTRACTOR: WATERHOUSE INC. DBA ALL PRO PAVEMENT By: ,—jam ---- PRINTED Title: Date: -�1— 1 7-1 a (CORPORATE SEAL) Attest: Address for giving notices: License No.: SECTION 02000 PROJECT SPECIFICATIONS The 2017 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and the standard revisions controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. The Larimer County "Urban Area Street Standards" (hereafter referred to as the "LCUASS Standards "), latest revision, are made a part of this Contract by this reference. In those instances where the Standards specifications conflict with any of the provisions of other parts of the standards the governing order of precedence shall be as follows: 1. The Special Revisions written herein this document of the latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 2. The Standard Revisions of latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 3. CDOT's "Standard Specifications for Road and Bridge Construction" 4. The latest version of the Larimer County "Urban Area Street Standards" (Referred hereafter to as the "Standard Specifications) INDEX OF REVISIONS SECTIONS 102 Bidding Requirements and Conditions 104 Scope of Work 105 Control of Work 108 Prosecution and Progress DIVISIONS 208 Erosion Control 408 Crack Sealant & Crack Filler 630 Construction Zone Traffic Control Project Specifications- Page 1 of 19 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 — BIDDING REQUIREMENTS AND CONDITIONS - of the Standard Specifications is hereby revised as follows: Section 102.02 Contents of Proposal Forms is hereby revised as follows: The Department will publish bidding opportunities to prospective bidders on the Rocky Mountain E-Purchasing System (RMEPS). The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The forms will also state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time and place of the opening of proposals. All bidders on projects shall submit hard bid/ physical submittals only. Section 104 — SCOPE OF WORK - of the Standard Specifications is hereby revised as follows: Project Specifications- Page 2 of 19 REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.04 Maintaining Traffic shall be revised to include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". "NO PARKING" Signs shall be placed at a minimum of 100 foot intervals. The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly state the type of work, date and times that the sign is in effect. (For example, if a street is to be crack sealed on Wednesday, September 6, the street shall be posted no later than Tuesday, September 5, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, SEPT. 6-8, 7:00 A.M. TO 6:00 P.M., CRACK SEALING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic after all clean-up operations have been completed. All information on the "NO PARKING" signs, with the exception of the type of work, date and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters with black marker. The "NO PARKING" signs duration shall be in effect for a maximum of three (3) days without revising the dates. In no cases shall the date range on the "NO PARKING" signs duration extend past three (3) days.. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. This will include the contractor knocking and politely asking about remaining cars of nearby homes and apartments. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. If the "NO PARKING" sign has been in place for a minimum of 24 hours, the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when "No Parking" signs have not been placed as required by the specifications shall not be paid. The Contractor shall also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications; requirements contained herein, or approved Traffic Control Plan. Issues subject to deductions may include but are not limited to: Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless assisting the Traffic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate/improper flagging and/or flagging equipment The Engineer shall issue a written warning to the Contractor, subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request removal from the project of the subcontractor providing traffic control and/or the Contractors Traffic Control Supervisor and flagging personnel. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The Contractor shall find a replacement Traffic Control subcontractor within two weeks of the third notice without a price adjustment or the Contract may be terminated and rebid. In no case shall operations be allowed without approved Traffic Control. At or near the end of each work day, a representative of the Contractor (the Traffic Control Supervisor) and the Engineer will meet to discuss the progress of the work and the placement of upcoming traffic control devices including "NO PARKING" signs. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work, and to protect placed crackseal material from traffic of all types. Any damage to tires or citizens due to early removal of Project Specifications- Page 3 of 19 REVISION OF SECTION 104 SCOPE OF WORK protective device or lack of proper flagging shall be the Contractors sole responsibility to remediate. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work, to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing devices/equipment, set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in the specifications or as directed by the Engineer excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. See Revision of Section 630, "Construction Zone Traffic Control". Project Specifications- Page 4 of 19 REVISION OF SECTION 104 SC E. urL ur NO PARKING Wled Ju lY 6-8 7:00 AM - 60000 PM CRACK SEALING �kzE Project Specifications- Page 5 of 19 REVISION OF SECTION 105 CONTROL OF WORK Section 105 - CONTROL OF WORK - of the Standard Specifications is hereby revised as follows: Subsection 105.02 Plans, Shop Drawings, Working Drawings, Other Submittals, and Construction Drawings shall be revised to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.06 Spill Kit: List of items included Yes No 408.02 Crack Sealant/Crack Filler Certificate of Compliance Yes No 408.04 Crack Sealant/Crack Filler Measurement Plan Yes No 630.11 TCS Qualifications reoccurs when TCS and flag ers change) Yes No 630.11 Resident Notification Letter Yes Yes NA EMS acknowledgement of good practices - signed Yes No Subsection 105.10 Cooperation By Contractor shall be revised to include the following: The City of Fort Collins is committed to comply with the United States Environmental Protection Agency (EPA) and the Streets Department Environmental Management System (EMS) requirements that vehicles on City projects shall comply with the "Anti -Idling Policy" to reduce environmental impacts related to construction. Contractors and Subcontractors shall comply with turning off vehicles and equipment instead of idling for long periods (more than thirty (30) seconds after stopping at destination and/or not more than five (5) minutes aggregated within sixty (60) minutes). Exceptions for powering auxiliary equipment and for safety or health emergencies are allowed. The Contractor shall submit the Contractor Management Packet in accordance with Table 105-1 Summary of Contract Submittals Subsection 105.12 Cooperation Between Contractors shall be revised to include the following: City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of the projects. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. Subsection 105.16 Inspection and Testing of Work shall be revised to include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Subsection 105.19 Maintenance During Construction shall be revised to include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of crack blow-out debris by the Contractor at the earliest opportunity, and the Contractor shall ensure the area is cleaned adequately prior to leaving the jobsite each day. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. Project Specifications- Page 6 of 19 REVISION OF SECTION 105 CONTROL OF WORK The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work and shall be in accordance with the most recent Dust Prevention and Control Manual located in Section 4000 of the contract documents. The Contractor shall maintain the streets during the construction process as described above. Upon completion of the work, the Contractor shall meet with the Engineer to confirm that the cleaning of the job site has been performed to City expectations and contractual obligations. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. END OF SECTION Project Specifications- Page 7 of 19 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 - POSECUTION AND PROGRESS - of the Standard Specifications is hereby revised as follows: Subsection 108.03 Schedule shall be revised to include the following: A schedule of work must be submitted prior to starting work and shall contain the number of working days per area to complete all unit work items covered by the contract. Vicinity maps of the areas are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. Subsection 108.05 Limitation of Operations shall be revised to include the following: The work shall be completed within the following calendar months: Subsection 108.08 Determination and Extension of Time shall be revised to include the following: Residential and Collector work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Arterial road work hours shall be restricted from 8:30 a.m. to 3:30 p.m. or at night between 8:00 p.m. and 5:00 a.m. during the daytime, or as approved by the Engineer. Preparatory work such as heating equipment and material, cleaning equipment and tools, and/or incidental preparation for the days work shall be done at the Contractors yard/shop, the Streets Department yard/shop, or in a private area the Contractor has pre -arranged for use as approved by the Engineer. Contract working days shall be two hundred (200) days after work commences. The City of Fort Collins reserves the right to add or delete work as necessary. The City will prioritize the order in which the work will be completed. The Contractor shall mobilize to the area within ten (10) working days of Notice to Proceed or after receiving notification of accessibility of work area. Milestones The progression of projects located in section 3500 shall be determined by the Engineer. The following projects shall be completed prior to the month of August in 2017, as the crack seal is preparatory work for the final treatment. Project Specifications- Page 8 of 19 REVISION OF SECTION 108 PROSECUTION AND PROGRESS • Willox 1 CS & Cottonwood 1 CS • Lakeside CS • Eldorado 1 CS • Village Park 1 CS • Eastborough 1 CS • Foothills CS 0 Silverwood I CS • Westbridge CS • Landings 2 CS • Boltz Area 2 CS 0 Larkborough 2 CS • Dunbar Ave CS 0 Westbrooke 2 CS • Lark 1 CS • Provincetowne East 2 CS Subsection 108.09 Failure to Complete Work on Time shall be revised to include the following: Failure to meet the agreed upon milestones, mobilize to an area within the days specified in Section 108, or fully complete the project within two hundred (200) working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $500.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Specifications- Page 9 of 19 REVISION OF SECTION 208 EROSION CONTROL Section 208 - ERROSION CONTROL - of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised to include the following: This work shall consist of providing appropriate and adequate spill prevention measures during the installation of the crack sealant and crack filler materials. Work shall be in accordance with the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, Section 04000. Any loss of time or materials due to spill related events shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities during a spill event, either on site or off site, which occurs during the course of the project, shall be the sole responsibility of the Contractor. CONSTRUCTION REQUIREMENTS Subsection 208.03 — Project Review, Schedule, and Erosion Control Management - shall be revised to include the following: It shall be the Contractors responsibility to ensure that all sidewalks, driveways, curbs, and gutters adjacent to the project shall be clean of construction debris at the end of each working day. Upon leaving the project site(s) the Contractor shall sweep the streets and pick up debris blown into the streets. Contractor shall monitor sweeping operations to ensure that brooms are not kicking debris back onto the sidewalks, driveways, curbs, and gutters. Subsection 208.06 — Materials Handling and Spill Prevention - shall be revised to include the following: Appropriate Spill Kits shall be on site with each piece of equipment at all times during installation of the Work and during equipment maintenance and Fueling (see Section 04000 ESOP). The Contractor shall submit a description of the items contained in each Spill Kit for approval by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 shall be revised to include the following: All costs associated with materials, cleanup, and spill protection shall not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 208.12 shall be revised to include the following: All related costs shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for material, cleanup, personnel, and related incidental items as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 10 of 19 SECTION 00530 NOTICE TO PROCEED Description of Work: 8457 Crack Seal & Fill Project - 2018 Renewal To: Waterhouse Inc. dba All Pro Pavement This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20_ The dates for Substantial Completion and Final Acceptance shall be 20 and 20_, respectively. City of Fort Collins OWNER LA Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20_ CONTRACTOR: Waterhouse Inc. dba All Pro Pavement By: Title: REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER Section 408 — JOINT AND CRACK SEALANT - of the Standard Specifications is hereby revised as follows: MATERIALS Subsection 408.02 shall be revised to include the following: The crack sealant material shall be provided by the City of Fort Collins for the Contractors use. All material provided to the Contractor shall be Maxwell NUVO CS material B or C or equal with an ASTM D36 Softening Point of 200 degree F. The City of Fort Collins reserves the right to change the material supplied based on cost, performance and availability. The Crack Fill material shall be provided by the City of Fort Collins for the Contractors use. All material provided to the contractor shall be a Maxwell Gap Mastic product or approved equal approved by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 408.03 shall be revised to include the following: In general, cracks that range from greater than 1/8" to 1" wide shall be sealed with crack sealant (CRACK SEALANT); cracks greater than 1" and/or cupped, as determined by Engineer, shall be filled with crack filler (CRACK FILL) with a separate pass with a specialized Crack Fill pour pot provided by the contractor. The Engineer shall determine and mark the locations for the type of product installed at each location. A hot compressed air lance shall be used at all times unless otherwise directed by city representative. Crack widths of greater than 1/8" or larger shall be thoroughly cleaned to a depth of approximately twice the crack width. Direct flame dryers shall not be allowed. Drying and heating prior to installation of the crack seal material shall be completed in such a manner not to damage the existing bituminous surface. Care shall be taken to protect vehicles, pedestrians, and all property which may become damaged from the cleaning and installation process. This shall include sufficient traffic control devices and flagging to exclude citizen vehicle from the work zone until material is cooled sufficiently to not adhere vehicle tires. Joints between the asphalt roadway and concrete gutters, cross pans, aprons and drainage structures shall be sealed with one pass unless sinking occurs at these locations. The sealant shall be heated and applied per the manufacturer's recommendations. Using a mixture of different brands and types of sealant is prohibited. When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) the crack sealant will form a resilient and adhesive compound which will effectively seal cracks in asphalt pavements. Any material that ravels or can be pulled out by hand after placement shall not be accepted and mitigating measures shall be taken to gain the proper bond or operations shall cease. The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. In a typical installation, the material shall be centered over the crack and typically, the band width of the crack seal installation shall not exceed four (4) inches in width. The band width may exceed four (4) inches based on the age or the roadway, the condition of the cracks, and/or as directed by the Engineer. If the Engineer determines that the Contractor is placing excessive amounts of material for the conditions of the roadway, the Engineer shall stop work. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before completing the project area. In the event that the crack sealing material sinks into the crack after the first application, the Contractor shall re -apply additional material to make flush with existing surface. Each days work shall be scheduled to allow all open joints and cracks to be sealed before the end of the workday. Should inclement weather preclude this effort, joints and cracks shall be re -cleaned before sealing. Noise Control: See section 01560 or as directed by the Engineer. Project Specifications- Page 1 I of 19 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER METHOD OF MEASUREMENT Subsection 408.04 shall be revised to include the following: The quantities for line items 408.01 — 408.06 shall be based on the net weight stickers from the pallets of crack sealant or crack fill material, and then applied to the corresponding road classification identified by each line item. The Contractor shall collect these stickers and return them to the Engineer as the material is placed. The City will conduct random checks of application rate in projects to confirm applied quantities. If the equipment is scheduled to leave the City site, the Contractor shall provide daily quantities which both parties shall agree to on a daily basis. The Contractor shall arrange to pick up the material from the Fort Collins Streets Department, 625 Ninth Street. The Engineer shall be present at the time of material pick up. The Contractor shall be responsible for notifying the Engineer when re -ordering material is required. The intent of items 408.07 and 408.08 are to compensate the contractor for work on arterials during the months of December through April. During these months, the Engineer may require additional heating and cleanout of the cracks, thus taking more time to place the material resulting in the use of less product pounds being placed. Items 408.07 and 408.08 are a lump sum and an hourly rate to compensate for this situation. Items 408.07 and 408.08 shall be used ONLY for work on arterial roadways during the months of December through April Item 408.07 shall cover all costs associated with a minimum working crew of six (6) people, a traffic control supervisor (TCS), a minimum of two (2) flaggers, and all equipment necessary to perform the work. The sealant material shall be provided by the City of Fort Collins. Item 408.08 shall be applied one (1) time for each arterial project area and only if item 408.07 is the payment method for the same project area. Traffic control shall be incidental to the Work identified within these documents and under Bid Schedule 1 and the Alternate Bid Schedule 2 and shall not be paid for separately, excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. The Contractor shall provide adequate pedestrian and traffic control devices during the work to protect the public. The Contractor shall include any and all devices, flagging, signs, and incidentals as part of the line item unit pricing. BASIS OF PAYMENT Subsection 408.05 shall be revised to include the following: Payment shall be made under: Pay Item Unit 408.01 Crack Sealant (Arterial) LBS 408.02 Crack Sealant (Collector) LBS 408.03 Crack Sealant (Residential) LBS 408.04 Crack Filler (Arterial) LBS 408.05 Crack Filler (Collector) LBS 408.06 Crack Filler (Residential) LBS 408.07 Six Person Crack Sealant Crew HOUR 408.08 Mobilization LS The above unit prices shall include compensation for furnishing all labor, materials (not product), tools, equipment, Project Specifications- Page 12 of 19 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER required traffic control devices, personnel and related traffic control incidentals for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 13 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 — CONSTRUCTION ZONE TRAFFIC CONTROL - of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised to include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Any direction to modify the approved MHT as directed by the City's Traffic Control Division shall be followed immediately and then reported to the Engineer. MATERIALS Subsection 630.02 Signs and Barricades shall be revised to include the following: All traffic control devices shall meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long- hand, etc.) Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. Staging areas shall take place on public streets, and shall not be located directly in front of a house and/or driveway if avoidable. The maximum amount of time a staging area may be utilized is no more than one (1) week, unless agrred upon by the Engineer. All signs that remain up overnight are required to be sandbagged to prevent the wind from blowing the sign over, and a cone shall be placed on the drive -lane side of the sign to make the sign more visible. CONSTRUCTION REQUIREMENTS Subsection 630.10 Transportation Management Plan shall be revised to include the following: CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or -for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. 1. Two-way traffic shall be maintained at all times unless approved by the Traffic Division and Engineer. Project Specifications- Page 14 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Lane width shall be maintained at a minimum of ten (10) feet. The contractor shall provide sufficient vertical panels at the required spacing to safety separate opposing streams of traffic. 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL Hand drawn plans shall not be accepted. Traffic control through the construction area is the responsibility of the Contractor. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, at a minimum, be placed together in the right of way and not in a place that could damage landscaping, and protected from the public. Traffic control devices may be placed and/or stored in the City right-of-way for no more that 2-days in such a manner that minimizes the damage/impacts to landscaping hazards to pedestrians, bicyclists and vehicles. Damaged Landscaping will have to be restored at the Contractors expense. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". The TCS and approved traffic control plans shall be available on site at all times. See Revision of Section 104. TRAFFIC CONTROL PLAN - PROJECT Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). HAND DRAWN PLANS SHALL NOT BE ACCEPTED. Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted 2 working days prior to commencement of the work. Submittals for full closures on residential streets shall be submitted one (1) week prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted two (2) weeks prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins, upon approval from the traffic department and prior to the commencement of the work. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and the Owner may deduct from Contractors' compensation $500.00 per occurrence per day for said condition, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: Project Specifications- Page 15 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 1. A detailed diagram which shows the location of all sign placement, including advance construction signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. Hand drawn plans shall not be accepted. 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type 1, Type 11, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 3. Number of flaggers to be used. 4. Parking Restrictions to be in affect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. Subsection 630.11 Traffic Control Management shall be revised as follows: The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for each TCS utilized on the project(s) shall be provided to the City Traffic Control Department and the Engineer. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one (1) week prior to commencement of the work. The TCS shall be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a working cellular phone at all times during construction operations. Traffic Control Management shall be maintained on a 24 hour per day/7-days per week basis during operations. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non -working hours. A 24 hour telephone number shall be provided to the Engineer. Outside of construction hours, the response time from the Engineers' contact shall be 30 minutes or less and correction of the issue(s) shall be one (1) hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS duties shall include, but shall not be limited to: 1. Supervise and direct project flaggers. 2. Prepare, revise, and submit Traffic Control Plans as required. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. a. Notifications may be accomplished by a representative of the TCS such as a flagger and shall be hand typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, Project Specifications- Page 16 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL safety, and orderly movement of traffic. 8. Flagging breaks for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved MHT f. List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall consist of distributing notifications indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during the Work), the dates and times of the work, and the parking and access restrictions that shall apply. Sample notifications shall be submitted to the Engineer for review prior to starting the project. Notification letters or door hangers shall include a local phone number residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department where citizens may find additional information and project updates at "www.fcgov.com/streets". Only approved notifications shall be distributed a minimum of 48 hours prior to the commencement of each phase of the Work. Traffic Control plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non- working hours. A 24-hour telephone number shall be provided to the Engineer. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.17 shall be revised as follows: The Traffic Control Supervisor, Flaggers necessary for the road classification, control of cross traffic, and the Contractor's daily work activities, including hand signs such as Stop/Slow paddles, and all devices/equipment, vehicles, and other associated traffic control items shall not be measured and paid for separately and shall be included in the line item unit price for the Work except as noted herein. "Variable Message Board" and "Advance Warning Panel" shall be paid per each per day as required by the specifications or as requested by the Engineer. "Additional Flagging Personnel" shall be measured and paid per hour only when requested by the Engineer for special circumstances not already included under another item. Hours of non -flagging work in excess of those Project Specifications- Page 17 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL authorized shall not be measured and paid for separately but shall be at the Contractor's expense. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://citvdocs.fcgov.coni/?dt=Master+Street-f Plan+Map&dn=GIS+MAPS&vid=l 92&cmd=showdt All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work. Review fees shall not be measured or paid for separately and shall be included in the line item unit price for the Work. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The flagger(s) shall be provided with electronic communication devices when required. These devices shall not be measured and paid for separately and shall be included in the line item unit price for the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall be considered subsidiary to the item.Sand bags and Caution tape will not be measured and paid for separately but shall be included in the line item unit price. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer; however, no payment will be made for the additional panel size. Business signs, neighborhood traffic only signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately and shall be included in the unit price for the Work. The City of Fort Collins shall not be responsible for any losses or damage due to theft or vandalism. The City of Fort Collins will not be responsible for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. BASIS OF PAYMENT Subsection 630.18 shall be revised as follows: Pay Item Unit 630.01 Variable Message Board Per each per day 630.02 Advance Warning Arrow Board Per each per day 630.03 Additional Flagging Personnel Hour 630.04 Night Work Up -Charge Per Night All traffic control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and flagging personnel including required break times, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work per the Typical Minimum Standards contained herein (Figures 630-1, 630-2, 630-3). Payment shall be made for "Additional Flagging Personnel" only when requested by the Engineer and when additional to the minimum flagging personnel requirements noted herein. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing. Project Specifications- Page 18 of 19 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Full closures on arterials and collectors will be allowed under extreme circumstances and only upon approval of the Engineer. plans shall be approved a minimum of two weeks prior to the commencement of work and/or the time required to adequately notify the public through the media. Construction or repair work will not be permitted at or in the vicinity of a signalized intersection or any arterial and collector streets that have major traffic volumes between the hours of 7:00 a.m. to 8:30 a.m. or 3:30 p.m. to 6:30 p.m. (except in the case of an emergency). Exceptions may be made for construction or repair work on arterials and collectors between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday excluding holidays, when all equipment, labor, traffic control devices and construction are not in the vicinity of an intersection. The Engineer will authorize such work and specify the required distance from the intersection. Time restrictions on State Highway 287 (college avenue and State Highway 14 mulberry street (east of Lemay avenue) will normally be restricted from 9:00 am to 3:00 pm. END OF SECTION Project Specifications- Page 19 of 19 SECTION 02500 QUANTITY ESTIMATE This work shall consist of crack sealing and crack filling on designated streets in the City of Fort Collins. A map of identified areas needing crack sealing/filling is included within the contract documents. Additional quantities are included in the contract quantities for streets not identified at the time of the bid. All quantities stipulated in the Bid Schedule are approximate and shall be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted. The basis of payment shall be the actual amount of materials furnished and Work completed. Contractor agrees to make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amount in these documents. The City reserves the right to prioritize the installation of the work. SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 03500 PROJECT MAPS The following maps are included: 2018 Crack Seal & Crack Fill Project Maps 1. Page 1 of 35: Overview 2. Pages 2 through 35 Individual Project Area Maps "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential) can be found at the following link: http://citydoes.fcgov comhdt=Master-FStreet+Plan+Map&dn=GIS+MAPS&vid=192&cmd=showdt City. of STREET MAINTENANCE PROGRAM (SMP) Fort Collins Crack Seal Projects 2018 - �.,..,.I/�- Streets1'' Revised March 7, 2018 )an 'poad 54G a ° N US Ci H hwa `�O Maple Hill, Richards Lake ? o ; Ix and Lind Area CS CoL ity Road 52 Falcon R har s Lake Rd ` o v Pheasanandt Ridge CS 14 � p a n i�b E o1 t1° in 1 a = a Willox Co ty Road 50 1 CS N Lama CS y ountain Vista Dr Z _ LO He CS Plains CS Laporte to a o Vine Cs m � Es Uni a Rd:Z- - W Vine '' Line Dr Lj Cob ity'Road 4E c rn ve hn tonLaporte rco/n ve ` to Shields CS _ Laurel to Overland Lakeside CS Mountain CS Laurel to W Trail Farm w " ' ; Elizabeth CS + Area CS r /! ._ village Park 1 Foothills and � . . 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Carpenter CS Project Area: ALL - 2018 Map 1 of 35 Fort of `�, Streets�� r O Z O 1 BOWSPRIT — DR DG COTT O pOlNTn Oob Ge Legend — Crack Seal 2018 Natural Area ' Parks Schools City Limits a COUNTRY CLUB RD STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 RICHARDS K GALEWIND Project Area: Maple Hill, Richards Lake and Lind Area CS Map 2 of 35 n ® gym' m r+ 0 0 v z 0> D N x a CD r t { ED 3 -n » } n CL C BLUE SPRUCE DR '1 _0 � W C - c Z � �� o = D m VALLE VIEW LN c ;7 z o Z -z Q ? G� (DD _ ........... ..........« ........................ n N BAYBERRYco f CIR 2 2 n m a GiS ,dS -1 ys �00� m — 0 2 M U) z O Rp GO DR 0 0 z a� ab NIl71NdbJ 016 X m m D z --i n Z o Z n �m (D -U ! ;a -0O O G) CD D a N cl) O ''Fort Collins `��-..I�" Stree~ts STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 Project Area: Willox 1 CS Map 4 of 35 Fart Collins Streets `�. z Q p v C UNTRY CLUB R J O w x z 0 C9 O w C9 TALON p z a � SNOWY _w Rs U w ;; SP1IU.LD NG��_ t z . :..,,.,......,. BLUE r w J _ qC'9A C/R N Fwq BRAMBL BUSH ST � AHOC < q rSSI8tJD 1Y OR FO 2 \JSE Q� J� -n STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 GLOVE T G?,1_J O I/v E RY C1R UN Q BP J rEEPLECF BREW � 9 DR (i RS .S W GoFOk 9/ S o U LAR j' NOKOMIS CONIFER ST LUPINE DR R-OW p CIR O z O J O O� —� O / NOF N w MAIN ST 8-Legend Crack Seal 201S.' Q `� ..Natural Area a Parks OR ..,,, Schools . City Limits u j7nt t V IIV C R �z F- P U) Project Area: N Lamay CS Map 5 of 35 CD a i 0 r* n w T z D , i ; N '3 m CD D v m' t CL f CD j N .............. ...... ........ .............................. .................. ......................... ---- ........ -- ....... ...... -'- ........... .......... ................. .... ....... . .............. .......... ...................„.......... ................ .............. s 47 BASIL LN MERCER DR DR or) t++F 0 () 4\ cnp cn r■ � �. En Z1 m m D Z m 0Z D o Z 0 �m �O 0 O CD D 0 � N N Cl) o � V � PE RL ST O r rr r rlIDDLE DR = CD SCOTTAVE - c m z * d d a JAMITH L W PEARL ST D D O Ci D C$� F n7 Z N — X m SHIELDS S ~ ~ ITf N S IELDS`ST ,�r�0 � m cn O o �, _ WEST O CD WEST ST ST . �r p N ACK ST HAWKINS GRIFFIN Q z ST PL ...........» DPARK ST ~ ;......... r' s CD 0 ELM PARK ST CT m NIVAS11NGTON � ME WOODS ..•.. Jill �,i IN GRANTAVg M1y i + i4 cf) Z 101 D m 0 Z O� O \ m N HOWES ST cn�` r ✓r fix'{ ` Ill `' -00 ASON ST MASON ST y p0 CD D =� ENNEY�f / a ST MASON N n CT �;r� J �S ,..r 4 T1 N j jf�jn rQ C/ a� O N in -h S COLLEGE AVE m Z o W N COLLEGE AVE 00 mcity. of Fort Collins 1�Stre�ets� LOWER -A A, ............... ......... .......... I ....... NSTORMPR ST SJPERCUB l2 Legend Crack Seal 2018 Natural Area Parks Schools City Limits DR STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 GLEtAL: 6�R Cl 0T 1469 Project Area: Trail Head CS Map 8 of 35 City Of STREET MAINTENANCE PROGRAM (SMP) Fort Collins Crack Seal Projects 2018 -.... Streets ~''`� Revised March 7, 2018 VN W MULBERRv cr UDALE CT LAKESIDE Y® VID HOME R u Y O L �Fo� W aCn10� [-4 ST STER Legend Crack Seal 2 Natural Area Parks ® Schools City Limits ►Vil BI Project Area: Lakeside CS Map 9 of 35 SECTION 00610 PERFORMANCE BOND Bond No. CBB49411 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse Inc. dba All Pro Pavement 1432 Reeves Drive, Fort Collins, CO 80526 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) National American Insurance Company (Address) PO Box 9, Chandler, OK 74834 hereinafter referred to as "the Surety", are held and firmly bound unto Citv of Fort Collins, 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Hundred Sixty Thousand Two Hundred Sixty -Five Dollars and Seventy -Five Cents ($260 265 75) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 6th day of April in the year of 2018, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8457 Crack Seal & Fill Project - 2018 Renewal. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. I O cD n D CD a� c3 rm+ O O N s cD rL n ch a� O O h W Ul n n CD as 0 CD 0 rt IA U) m m D_ z m z D z n m O O D fv j O h W Cn wS m W GRAN F GR NTAVE..___ 3 +, c� m v z t-)cn W N O \ (p 1 MERIDIAN AVE. S OOMISAVF LOO IS AVE • JJHITCOMQ ST N WHIT OMB ST SHERWOOD S N HER OOD ST DS OVAL D R MEL ._. O Z Lzb R MBRAND DR_ _ o y 4 z A \�^�\ EN E_Y C NNEY CT Km m S COLLEGE AVE m N OLLEGE AVE lil �r K w �g �f m � C m m r MONTEZUMA < FULLER m D y C Z _.. HITTON cc r � < m ALLEY x m _ ALY _ or) 0 0�*1 co o m � m 0�— Ln m m --I D_ z m z z 0 m O D N N O CO O. <D 0 D r 1 rF Os G m_ N� 2) cr CD n Ch E fu N O h W On X m m _D z m z D z n m O O D 3 N Cl) O 00 Fort Collins GREEN I RAMPART RD CI O J M 0 m � BI Z } N PLEASANT J n V Y RC PL Z a J �� B��SN BrUSHURNT Q GT S CT GOLDEN > L CURL o DNT _ STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 W LA REL ST I TIMBER ORCHARD PL f- 4ER ER Of C UO PE R CT w W PiLk. IMST cn W Rp q <4 aa S Z J 13 SPRUCE DR 7, y � v�O� Q� � HOLL PL p PALM � T v CH �LEAOR 1�90 a J hp ST C m m t Legend UMAC ST ZIRKELS Crack Seal 2018 Natural CT Area MS VIA - Parks F U �(` Q schools �5 Jw INDIAN PEAKS City Limas PL Q�GP O��GQ g M CL�NRvkEW DR CT PJs RD Project Area: Overland Trail Farm Area CS Map 13 of 35 Fort Collins "`•Streets' STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 Project Area: Brown Farm CS Map 14 of 35 c`Op' r ' U3 D r .-- ac E N C l m Sd u m to m > -8O � W O � 0 O m i -n O v z 3 cn O -h 'W C., \11 CAR R/pGFwOOO m r ti 09� 3SEX p �00 CT INSTITUTION AVE A z� v # 's ( 4f �7T qm UNDERHILL 3nV NV k-dg S LYN Uir rD PARK AVE DEL 00 AR ST 0 m m D Z m nZ as D o Z wn Nm M �G) o ;u D a N N Cl) o� V a 00 O C/) N Q c� w a W U z Q z W H z_ Q F- LU W U) tn c O� OU 4L LLB w Y � � 1S 3nOlS - i V lnowlayo w z -' GH 42iO3NVIS 1 Y m b�0 m lo Hosne O S�Pta ba 3bnsl 0O NFORD RD Y Q� 0 _ PURDUE RD ' .. ,.. ,, , ,., pd W ba 3Nt/lnl 7 o- N J MAT+ST Q IS S/\A3HIVV4 t � C LUMBIA uj j 3A dlOA S Y EAVE � VARD S 0 is wIr- o m ofO NOlJNIW3b _3nVZlVSSVn o w Z_ H w (RI 30 1NOH 3A`d a931100 S w W Y m x a " E 0 o c) z a cn i) J 6 � N U) M O Cfl Q m 2 T "� "Fort Collins "ter' Streets ``� STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 Project Area: Cottonwood 1 CS Map 17 of 35 City of Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 Project Area: Indian Hills CS Map 18 of 35 City. of Fort Collins �Streets� STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7 2018 —7�777-77. ut�A I 0 BEAR MOUNTAIN DR w < SANDBURIDR to G) 41— r,ocy'l-E BUR NANO o oG ------ LNLegend ---- ----- Crack Seal 2018 Natural Area Parks Schools City Limits 10 11,0%r CIL +1 Project Area: Prospect Park CS Map 19 of 35 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18th day of April , 20 18. IN PRESENCE OF: (Title) (Corporate Seal) IN PRESENCE OF: (Surety Seal) PrinCipa terhouse Inc. dba All Pro Pavement (Title) PO Box 7901, Loveland, CO 80537 (Address) Other Partners By: By: Surety National American Insurance Company PO Box 9, ChaL dler, OK 74834 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Fort of '�, Streeter STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 Project Area: Dunbar Ave Area CS Map 20 of 35 Fort Collins Streets�''- STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 �Z111Y RAKE N CT BLO SOM LN HAN &R HAVEN OR C� m OEZ OSON MCKEAG D HASTINGS DR = OP J 0 1 6` HWOOD MAR DR ® m a p, n HULL ST O O O P� �� FISCH AVE z J >�- " w ��O CO D IE DR HYLII W o ~ 01 PERCE b y z MOFFETT DR KINNI N DR OE EES m 2 0 03 SIOUX BL 4� tY p DE O SHI � O m m F O E D �p �� O CASA G m m- WAY U)i �. PRIMRO EDR C SH E T n� C7 BLV N N OgkSER CT \ o J pR ES OQ v ¢ E L �- 0 J Y ri U BRO z J pAK CT SON KENT Q ENFIELO PA TE U) LL p ON O:DDR Q C wP r O U CHILL C -{ Z L tp J J 21to ILL AMB R--- _ CT �OSIA 7- p A qVE z O R\P� R = rnCOIMA ROOK D in. o \ n m LE z IJ -{ PO LLB L U) wo z 0 WINDCREE�C CT O o o Lu o r O J a. U WES FIEI p R- � D I D Z a a3 W o STFIELD DR 2` B TER W C L UNTY ROA 38E TMA = PKWY ( NG m ram- NU `1 E ;8U , . ED F X CT O o Og\ G VP m BRIXTON r\ v S D �O O REE CT O ZD ES VIE `6z WESSE RD O� BYO O� TER Q C) SI ERGA cLegend Off: Crack Seal 2018� 2 (;R SV /♦�� y �O U I n " l UR L Natural Area x7 F/Vp R J Z g �O x R N Parks \I . Schools i City Limits _. _...._. ....... .............301- 0) C)v ME m PRAIRIE WAY _ '� W HARMONY RD AIRI R G D Project Area: W Horsetooth Rd CS Map 21 of 35 9 n a� 0 cn CD aL T I O CD 0 N cn m m D_ z m z D z n m O O D N Cl) o9 -L .D 00 '''Fort of �,' Stre 3: 00 O Qa 3 U) Legend ---` Crack Seal 2 E Natural Area Parks Schools City Limits e STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 .11 K Revised March 7, 2018 / 27 W WARREN LNDG !3; , m R -FT °°o IAL a Project Area: Boltz Area 2 CS Map 23 of 35 .2. 0 a N co D N N O W M 0 M 0 NELSON LN a 0 0 IN ° m C GROViE p cn CQ 3 Q. <'314 0 M 0 OFppFRw� lkFpGF -�°°o 5 GREENI yC00� C7 ic OC yW0 P.°p O LE pR w (11 m - -- O 0 O Cof77 OD O o Z X" Z O Q f� p LEMAYAVECr Cr CD .--- o cn rmn z RO CpRpuGH m OUGHDR BROOKWOOD DR Dp oR n m z z ° z CT 9�f /y r BR OKWO C), DR °O C R < y cT v> m 0 p0�� ada �' m p o ���o oOper O i O ��ic �00 CIA D 0 2 D HILLS DR O Z ba )G M nZ D b3n�ls o 1 o a3n�IS py°�d�y Op n Z wn Nm JTF R LN SHADOW CT -80 M ;7 ,a QOOMA33 O m F 0. z O O a °O cD D o � N .-. Z 0 O V O ic O o w 00 .... Fort Collins W TROUI SHEEP CR SODA C,.A LBURN ,�h STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 BUTTE PASS DR U 00 O Z p W pV�MAN PKscw7 p o za 0LU 03 ~ 2 O Z J REMMLING .AA AI�I AI(_` nl LN 25 HOLLYHOCK = ST CDS1 NO0 Bi w NOLLr�O2K N� OG w p s w QLegend B� 31111111111111111 Crack Seal 2018 C Natural Area Parks Schools City Limits � ` Project Area: Westbrooke 2 CS Map 25 of 35 ''Fart of `- Streets�'�' I:ly_111 Legend Crack Seal 2018 Natural Area Parks Schools i ,City Limits 0 x W STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 nco Revised March 7, 2018 Project Area: Larkborough 2 CS Map 26 of 35 ce a 0 - D o o v a 3 r a (D N N r sv rL to N ST 9 . 1 N -92 p p °RO �cb BR AKWAT CT n� �a SPRING C NYON CT CREEK IDE z z G) �V E�STSNORE � � ,.4 \ReOR z cn D �0 a LHAMP V'KINGSTON LANCASTER RD -I X m m R z cf) D_ DR Z —i m nZ D !y 0 Z Pro (/)m O -U a1 w -00 " G) O CD D n rr AVE U) N O � _ s a O. _ dcl wlvmo'dv N \ 0 ® ' rr D o ; A s C c N ti cn m CD m O Z !CD nI~ Co O O D m = �� CD c z 0 w = SEAWAY CI S RE O D PI fA K BLU FI _ N C m O � O da H M DD W CL v N S LEMAY AVE n o �y v ,40 m RE CT N CD i�0 a 0 0 � yo tigR O � -q o o��y o R 0 � "' y (A cn �� m 0N� T�d� 0i D to m o dN 0 A DA Z y0 AN RE CIR T v � ILL CT W jj aSa MONTE ARLO PL S ANT y F2 TE KSB Y DR M RRY ` 0 O A EB CT NESBORO OVgT� OHO!? o G� p INNOVATIO = O 00 DR �� zi co (n SG O P Fp W _ � cn ;CI m m —1 Z nz D ;17 0 cnm CD a1 � �0 G) O CD D N cn � O ,,�, ✓ d q D a Rig p� -1 F 1 0 l) -0Z n N- N ;, ab IllddM ba 3NO1S�133a0 9 cr SUNSTONE WAY f SCOTT p co 0 0/to �o CT � CD ? n J y r CO CH PERFIELD FwELSTpNE CT (1)R7 CT� YO RO ESTONE y CT 10 3-is 1>1 STR KIN LEY DR gTFO z � RO CT NE VBURY CT m z q<FpR z X z v S2jd3d m cn n N = m m HA RINGTON A < g O O O CT z YO m z O R x m EDMONDS _ RD SWANST NE DR O ZF � o m z 2 � z`' D o SOUNT z �0) m C gRRiNGT �`�O n Z gRRipk o ON RO y� o Z RO D X- n cn m �Oyp� m CD v..........................»...............,..,............ = x R O 0 y m v x : c� X z o p D : x CD D 'a a0 m m c1 z m m z a z �O Sa4-1 z : r ' 1 v Oh ycn c, O? : z _ o CA) o CA 00 No Text Fort of •J Streets� = TE WILD PL v m _ Z� SWAY M �o -+m CK 0o 3� N } ...., Q �LFST�iOO CT o wR... .............. ......... —i rn __........ STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 Y T�y "K DF? 1° '� T E AY HA MONY RD c� • : r s o oR .' a ,Be L, PICA v �� Rq LU L D U ��O<F W D GI,yC�R^E-EE AS FOR --- L ;,,..._ _ _ Ho XA T O CT D C cn APPLE LOSSOM L a` HILLOAL DR -- - --•,.- SSIL w C F- EEK DR a LL 0 HI VIEW CT Z Z >NCO T� C>1 I i= ,U) _ '0 0 I n cnei KI IQ i 7i�Tmwffl mI I I H O LL s Project Area: S Taft Hill CS Map 30 of 35 O n D CD mC CIO S County R ad 19,$ S AFT � �j HIT RD S Shields St S SHIELDS ST 287 BRUNS m S Co my R S C NT i RO D 13 R � z dr :�OaN o m m m� z �O o S COU .to..�.+..�. TY ROAD 1 O G CD County Roa W G cr, P � n ;0 V.a . �1 III _ Hill Rd � pit r FRC ME P I D ST S IE SST �� a FORT r-rMORGAN DR G I E _D v (O V X d W L N C ad 13 Y W AD 13 0 SrQ BAN ViE L co GOLDEN RAIRI n y O N ROA 11 S Ti 11 v .O� y T m p r 7IO ED N�°O +ONSTE!� N11 S z D -c v OLLEGE N ono OAVE GE N S m c O,Q CAR o c� m m 3 CIS co < z N 70 ny m < 30) N IISSOB �N3)i .., �...r ._ .... Z . E S E 2 11 Z1 m m D Z m nZ >v D 0 Z or 0 cnm CD a) -0O v G) O. CD D N O 0o Fart of ,,J 5treets�' CORAL SEA BOVhv�' Legend Crack Seal 2018 Natural Area Parks Schools City Limits STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 KN 31 Y Q 2 Project Area: Registry Ridge CS Map 32 of 35 Fort Collins Streets 31 QUAKING STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 Tei CAR CRO N Cp.Npl E� C,'A�'pp 9 a 33 LN t?1 1... 10 :Y BROOK RD O� HEATHER LN =� pq GL N RRp�p< p o 1z o Legend Crack Seal 2018 Natural Area Parks Schools City Limits CIR Y LN CD o- 00 LN `m BURROWING STAN A UR AD s. B HOME Project Area: Provincetowne East 2 CS Map 33 of 35 Fort of V-...,,,..r+�'" Streets 39 I 4� Crack Seal 2018 f� Q Natural Area Parks Schools =� City Limits STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7. 2018 lam A Project Area: S Timberline CS Map 34 of 35 Fart Collins •.. Streets�`'� STREET MAINTENANCE PROGRAM (SMP) Crack Seal Projects 2018 Revised March 7, 2018 m� a a SRI O,�ec z VIVIAN S Sr N o — z Er � w Q 1— H WKE T � w cr GAF Y oz U >H 41 000 RIC DR z wo Q C D a � } 1w..�." O KONA DR Y �ONN �= E O LN w z p BRD KE J Oca a s P aUJI pL FR o ROIX P m ""� V�z A Lq S � SA WA v �G O FOR LANDIN DR to FLOG 2 P N R z V�CTOl71'pR �� v �p� C OOKE �P�S j zp0 v LU y SKY RED < Cr W v ¢ R- < J CID o� s m� j UBY DR DIAMO D DR ( a N �p< G PARK PLACE DR qa > G�� w ¢ WYNDHgM J Z Q Q w JEW L Cr w H W 0 L RD O OOD SHE HERD DR J� Q U pE . D O P 0 �O OQ S THSIDE CT { m� O ? o ¢ O z Qo TURMAN D Z ALENE Oz � Z � 0 rn o rn z a j Lb W m O �� 2� <2 E COUNTY ROAD 30 E CIOUNTY ROAD k0 I Legend Crack Seal 2018 Natural Area Parks Schools City Limits \� Project Area: Carpenter CS Map 35 of 35 SECTION 04000 Erosion Control, Inlet Protection, Fugitive Dust Prevention Index: Part 1- Dust Prevention and Control Manual Part 2 - Environmental Standard Operating Procedures . ¥ . �� � . � � . . .._... . : / � . .� . v y� .� � \ � <� �\�.. �� / � :� «: * � � � »<« 222� �: . »© / �� ■ > CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities g 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out/Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 26 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 Page i 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions for specific dust generating activities and sources. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as described in this Manual, within the City of Fort Collins. Page 1 SECTION 00615 PAYMENT BOND Bond No. CBB49411 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse Inc. dba All Pro Pavement 1432 Reeves Drive, Fort Collins, CO 80526 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) National American Insurance Company (Address) PO Box 9, Chandler, OK 74834 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave.. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Two Hundred Sixty Thousand Two Hundred Sixty -Five Dollars and Seventy -Five Cents ($260 265.75) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 6th day of April in the year of 2018, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8457 Crack Seal & Fill Project - 2018 Renewal. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk rnaterials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Cheinicalstabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant - based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. shall mean the Fort Collins City Code, as amended from time to time. Dust control ineasure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dust generating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. 1'arthrnovinE= shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Page 2 Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle traji.- shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhaust ventilatioi: shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. ,Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Page 3 Stockih shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storrs drainope facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Syntheticornatural cove shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track-ottt shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. f4,1et sttlahressiw shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrie- shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: -Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks -Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: Prevent— avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize— reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate — when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: Required Best Management Practices — this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. Additional Best Management Practices — this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual. Additional Requirements — When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. Page 7 3.1 Earthmaving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best Manaegement Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Page 8 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a mandatory measure. Page 11 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18th day of April , 20 18. IN PRESENCE OF: (Title) (Corporate Seal) IN PRESENCE OF: (Surety Seal) Principal Waterhouse Inc. dba All Pro Pavement (Title) PO Box 7901, Loveland, CO 80537 (Address) Other Partners M Surety National American Insurance Company t1 R By: PO Box 9, Chan er, OK 74834 _ (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all, partners should execute Bond. 3.3 Stockpiles Above: This photo illustrates wet suppression, an engineering control for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. Page 12 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the r Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 "Fort Collins Storm Criteria"; specifically, Volume 3 Chapter 7 "Construction BMPs". The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles — to use a synthetic cover. Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Manar, ernent Practices to Conti of Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Page 14 3.5 Track -out / Carry -out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment's wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best ManaBenient Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Managetr2ent Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures : (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: Page 16 (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Page 17 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. n.st Vana[gelnet rt Pr•ar'<tice.s to rontrol D11st (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. Page 18 (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved or haul roads. Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. Page 20 (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Page 21 No Text 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best llfnn€ qe ent Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any Page 22 product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Page 23 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City's Fort Collins Stormwater Criteria Manual or contract documents and specifications. (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: Page 24 (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Page 25 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Page 26 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sandblasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. Page 27 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use at least one of the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. NO High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Page 28 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Page 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fc�ov.com developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Page 30 r City Of ,► F6rt Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Page 31 CONTRACT DOCUMENTS TABLE OF CONTENTS 0 BID INFORMATION 00300 Bid Form CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA Number: CBB49411 POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH 'E ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -fact, such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint W R Withrow, Megan A. Brown its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed. as follows: The authority of said Attorney -in -fact to bind the company shall not exceed $3,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 3ILP04,4 NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 21d day of January, A.D. 2014, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OFFICIAL SEAL JANE7 TAYLO - NOTARY PUBLIC OKLAHOMA OKLAHOMA COUNTY MY COMM. NO. 02006203 Notary Public ` MY COMM. EXP. '-1,Qk'19 My Commission Expires April 8, 2018 Commission #02006203 STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 1 Sth day of April, 2518 �`crw urs��� fle SEAL r � OKLA"Oot Joyce M. Seitz, Assistant Secretary DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: *********************************************************** List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Page 32 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity /Best Management Practice on O E c o — O) C a) 0 U ° vi to r U � O - ra a` o m _0 -° ra ra ° cc a) ' ro JaC aA ra O� fl 3 raw to 9 QJ a Ja3an O m Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Page 33 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Page 34 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/CarrV-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Page 35 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Page 36 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual littp://www.fcgov.com/utilities/business/builders-and- developers/development-farms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/­­msc0005/­`­msc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Page 37 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.ni.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. littp://www.cdc.gov/niosh/nioslitic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nim.nih.gov/pubmed/210581 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http:/Iwww.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458- 467 htttp1/deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http:/Jwww.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/`html/99771207/99771207.html Page 38 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www cabg gov/airguality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtmi USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Proiects.aspx?Projectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fsl6.asp Agriculture and livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/lnternet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/lnternet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation Page 39 CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms Earthmovine Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado-gov/pacific/sites/default/files/AP land -Development -Guidance - Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA—Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA—Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA—Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA—Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1 pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Hea lth-effects-of- part iculate- matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http:/Iwww.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310- Dust%20Handhook.ndf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust laree.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Page 40 Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ Page 41 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance Spill Prevention and Response Utility and Storm Sewer System Maintenance 1 of 3 1 of 4 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 For'More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling New Construction Activities for Municipalities Description This fact sheet covers new construction activities disturbing less than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components such as trails, restrooms, and other structures. Procedures provided are general in nature and can be applied to any scale or type of municipal construction. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page t of 2 • installed and maintained in accordance with approved design criteria and/or industry standards. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. Reference City of Centennial SOP: New Construction SOP, August 2007. Mesa Counhj, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 For More Information Name Address City, State Phone e-mail Possible Pollutants Fine-grained sediment Organics Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response Street Sweeping Street Sweeper Cleaning and Waste Street, Curb and Gutter Maintenance Street, Curb, and Gutter Replacement and Construction Description Procedures involving the replacement and construction of streets, curbs, and gutters have the potential to impact stormwater quality. Materials involved in these activities should be used efficiently and disposed of properly. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Page 2 of 3 • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the Spill Prevention and Response procedure should a spill occur. Employee Training Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. n , Information Street, Curb, and Gutter For More Name Maintenance Address City, State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response . Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste . When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Page 1 of 3 Bridge Maintenance Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: Page 2 of 3 s .,.,w.'hc ....�kT, k., , u • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best'Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 For More Information Name Address City, State Phone e-mail Possible Pollutants Chemicals Toxics Oil Paint Fuel Goad Housekeeping Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Related Procedures Fertilizer, Pesticide, and Herbicide Application Heavy Equipment and Vehicle Maintenance Material Storage Materials Management Outdoor Vehicle Maintenance Vehicle Fueling Spill Prevention and Response Description Due to the type of work and the materials involved, many activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Prevention Control and Countermeasures (SPCC) plans that include procedures for spill response. Proper spill response planning and preparation enables employees and contractors to effectively respond to problems and minimize the discharge of pollutants to the storm sewer system. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Spill Prevention Keep work areas neat and well organized. Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Material Storage procedures. Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. • Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. • Inspect storage containers regularly for signs of leaking or deterioration. • Replace or repair leaking storage containers. • Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 ALLPR-6 OP ID: CS ,acoN" CERTIFICATE OF LIABILITY INSURANCE DATE 0312812018Y) �--� 0312812018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bradley Insurance Group NAME Lori Lori Boyer FAX 3401 W. 38th Avenue MC No E : 303-480-5005 A/C N, ; 303�58-5857 Denver, CO 80211 E-MAIL Michael C Bradley ADDRESS: lori@bradleyinsurancegroup.com INSURER(SI AFFORDING COVERAGE NAIC Y INSURER A : Plnnacol Assurance 41190 INSURED Waterhouse Inc DBA: All INSURER B: owners Insurance Pro Pavement 729 N Madison Ave INSURERC: Loveland, CO 80537 INSURERD: INSURER E : INSURER F : Cr]VFRt1GFS r PPTIFICATF NI IMRFR• R1=1/ICInkl NI IIIAIAPI THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE INSO WVD i POLICY NUMBER POLICY EFF T POLICY MM,,,YYYY MMJDDIYYYY _ LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X1 OCCUR X 74690737 04/01/2018 04/01/2019 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY a JjECT r7 LOC OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP/OP AGG $ 2,000,00 $ 3 AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS X �511-690737-00 04/01/2018 04101/2019 Ea aBI id DtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LAB EXCESS X OCCUR CLAIMS -MADE 51-690737-01 04/01/2018 04/01/2019 EACH OCCURRENCE $ 3,000,00 AGGREGATE $ 3,000,000 DED X I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? a (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 4163174 04/01/2018 04/01/2019 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT $ 1,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) City of Fort Collins is additional insured as respects to general and auto liability. CERTIFICATE HOLDER City of Fort Collins 300 Laporte Ave. Fort Collins, CO 80522 ACORD 25 (2014/01) CITYFOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Page 2 of 4 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at htt):/ /www.cdphe.state.co.us/op/wgcc/Resources/Guidance/spillg;uidance.pdf and http:/ /www.cdl2he.state.co.us/hm/sl2illsandreleases.htm Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Page 3 of 4 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. Page 4 of 4 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. The storm sewer system is cleaned as part of routine maintenance and on an emergency basis in the event of flooding. Maintenance will remove pollutants and ensure the system functions properly to avoid flooding. Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavyquipment/ Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather' flows or pipes or hoses emptying directly into waterways or the storm sewer system. Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. • Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup • Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping' stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling Utility and Storm Sewer System Replacement and Construction Description This procedure covers utility and storm sewer system replacement and construction. Utilities include power, storm sewer, sanitary sewer, water conveyance systems. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. - r, k"3 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8457 Crack Seal & Fill Project - 2018 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Waterhouse Inc. dba All Pro Pavement CONTRACT DATE: April 6, 2018 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: City of Fort Collins Regulatory and Government Affairs Division of Fort Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division City of Fort Collins 11'� .. Verification I Originator Revised I Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. •r If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: Page 2 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division City of F6rt Collins Verification Originator Revised Approved Issued Initials Date LLR 9 SS 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. _. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 IARGA division\Illicit Discharge Program\Complaint Calls\pressure washing\City power washing guidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: 10/19/2009 Page 3 of 3 For More Information Vehicle Fueling Name Address City, State Phone e-mail Possible Pollutants Metals Hydrocarbons Toxins Good Housekeeping Drip pans Secondary containment Automatic shutoff nozzles Signs Spill response plans Spill cleanup materials Dry cleanup methods Employee training , Related Procedures Heavy Equipment/Vehicle Maintenance Outdoor Fleet Maintenance Spill Prevention and Response Description Spills of gasoline and diesel fuel on the ground or on vehicles during fueling can wash into a storm drain and cause water pollution. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state and federal codes, laws, and regulations. Procedures General • Fuel vehicles at approved locations (municipal fueling station or offsite fueling station). • Provide spill kits near the municipal fueling location. • If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment (e.g., concrete barrier or double -walled tanks). • All fuel tanks will be inspected per State and Federal regulations. • Periodically inspect municipal fueling locations for the following: ■ For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. • Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. • Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. Page 3 of 3 r For More Information Name Address City, State Phone e-mail Possible Pollutants Metals Toxins Solvents (degreasers, paint thinners, etc.) Antifreeze Brake fluid and brake pad dust Battery acid "Motor oil Fuel (gasoline, diesel, kerosene) Lubricating grease Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Spill cleanup materials Dry cleanup methods Employee training Related Procedures Heavy Equipment and Vehicle Maintenance Material Storage Spill Prevention and Response Vehicle Fueling Outdoor Fleet Maintenance Description Although it is recommended that fleet maintenance activities be conducted indoors or under cover, it is sometimes necessary to perform fleet maintenance outdoors (e.g., equipment is too large to fit inside the maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance building, breakdowns, service calls). Some potential pollutants typically associated with outdoor fleet maintenance activities include oil, antifreeze, brake fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those topics. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Fleet Maintenance Fleet maintenance should be performed inside whenever possible. If indoor maintenance is not possible, ensure maintenance is performed in a location where contact with stormwater is minimized, through berming and appropriate routing of drainage. Provide inlet protection (berms, weighted inlet covers, etc.) for all adjacent inlets when work is occurring in close proximity to a storm drain inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. Keep equipment clean and do not allow excessive build-up of oil and grease. Page 1 of 4 Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. Recycle and/or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Clean up spills promptly using dry methods (do not hose down). Consult the Spill Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning • Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the storm or sanitary sewer systems. Vehicle and Equipment Washing • Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/ or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs. Page 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Waterhouse Inc. dba All Pro Pavement Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Waterhouse Inc. dba All Pro Pavement for the City of Fort Collins project, 8457 Crack Seal & Fill Project - 2018 Renewal. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated April 6, 2018. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_ Sincerely, OWNER: CitV of Fort Collins By: Title: ATTEST: Title: For More Information Heavy Equipment and Vehicle Name Maintenance Address City, State Description Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life Possible Pollutants of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles Metals and equipment. Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries Antifreeze ` and fuels. Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel {gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Dap pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing Vehicles should be washed in the municipality's vehicle and equipment wash area/ or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs Page 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Waterhouse Inc. dba All Pro Pavement (CONTRACTOR) PROJECT: 8457 Crack Seal & Fill Project - 2018 Renewal The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney's fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_. CONTRACTOR: WATERHOUSE INC. DBA ALL PRO PAVEMENT LIM Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Waterhouse Inc. dba All Pro Pavement PROJECT: 8457 Crack Seal & Fill Proiect - 2018 Renewal CONTRACT DATE: April 6, 2018 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08/30/13) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238•SERV (7378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 130172 19999 Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank if filing for the first time) 89- Period (MM/YY-MM/YYQ Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address city State Zip E-Mail Address FEI N Bid amount for your contract $ Fax number Business Phone number Colorado withholding tax account number Exemption Information Copies of contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) 7 Exempt organization's number 98 Address of exempt organization City State Zip Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date (MMDoNY) 0 Estimated completion date (: ,r.i;DonY)0 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer Title of corporate officer Date th aD�iYY; (Do not write below this line) Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. Do not enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00300 BID FORM SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT' COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................1 1.1 Addenda.......................:.....................1 1.2 Agreement..........................................1 1,3 Application for Payment ,,,,,,,,,,,,,,,,,,,,,,J 1.4 Asbestos.............................................1 1.5 Bid.............................._.....................1 1.6 Bidding Documents, ............................. 1 1.7 Bidding Requirements .......................... 1.8 Bonds ............... 1 1.9 Change Order......................................I 1.10 Contract Documents 1.11 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,] 1.12 Contract Times....................................1 1.13 CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.14 defective............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement,,.,,,,,,,1 1.17 ENGINEER.......................................1 1.18 ENGINEER's Consultant 1.19 Field Order .......................................... 1 1.20 General Requirements .........................2 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 1.22.b Legal Holidays ..................................... 1.23 Liens..........................:.:................:....� 1.24 Milestone............................................2 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed................................. 2 1.27 OWNER...........................:.................2 1.28 Partial Utilization ............................... 2 1.29 PCBs............................:.....................7 1.30 Petroleum , 1.31 Project................................................2 1.32.a Radioactive Material 1.32.b Regular Working Hours ........................ 1.33 Resident Project Representative, ........... 2 1.34 Samples..............................................2 1.35 Shop Drawings .......... __.....................2 1.36 Specifications.....................................2 1.37 Subcontractor.................................„..2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions, ................... 1.40 Supplier ................. 1.41 Underground Facilities, ..................... 2-3 1.42 Unit Price Work.. ................................. 3 1 A3 Work..................................................3 1.44 Work Change Directive .......................3 1.45 Written Amendment Page Num ber 2. PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds ............................. 2.2 Copies of Documents ........... ...........3 2.3 Commencement of Contract Times; Notice to Proceed ................ 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance ................................... 3-4 2.8 Preconstruction Conference.............4 2.9 Initially Acceptable Schedules,.........4 3. CONTRACT DOCUMENTS: INTENT; AMENDING. REUSE..........................................4 3.1-3.2 Intent, .................. I ......................... 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ........................ I ............ 5 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ..................... . 5 4.1 Availability of Lands ,,,,,,,,,,,,,,,,,,,,,5-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings......................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data.............................._............. 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,, 6 4:2.4 ENGINEER's Review ........................ 6 4.2.5 Possible Contract Documents Change......................................... 6 4.2.6 Possible Price and Tunes Adjustments .............................. 6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated. .................. 7 4.4 Reference Points ..............:..:..:........ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,, 7-8 5. BONDS AND INSURANCE ..............:.....:............ 8 5.1-5.2 Performance, Payment and Other Bonds....:.:.................:..............:...... 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNERsLiability Insurance ..............9 5.6 Property Insurance ................... ....... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance................10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts10 5.10 Other Special Insurance... ............. ..... 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and. Application of Insurance Proceeds...................... 10-11 5.14 Acceptance of Bonds and Inst- ance; Option to Replace,,,,,,,,,,,,,,,,_,. 11 5.15 Partial Utilization --Property Insurance....._............:....................11 6. CONTRACTORS RESPONSIBILITIES_. ............. 11 6.1-6.2 Supervision and Superintendence,,,.,_, 11 6.3-6.5 Labor, Materials and Equipment... 11-12 6.6 Progress Schedule... ............ .......... J 2 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ........ ..... ...........13-14 6,12 Patent Fees and Royalties,,,,,,,,,, ,,,, 14 6.13 Permits................:..._:......................14 6.14 Laws and Regulations ........................14 6.15 Taxes... . ......... ................ ... _ ...... 14-15 6.16 Use of Premises::: :............................. 15 6.17 Site Cleanliness .......................... __., 15 6,18 Safe Structural Loading.....................15 6.19 Record Documents .............................15 6.20 Safety and Protection ....................15-16 6.21 Safety Representative ......................... i 6 6.22 Hazard Communication Programs ,,;,..16 6.23 Emergencies...................................16 6.24 Shop Drawings and Samples....I.,... ,_ 16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Subm ittal 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER, ..... 16-17 6.27 Responsibility for Variations From Contract Documeats ...... .,,,,17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals... _ .............................17 6.29 Continuing the Work, ..............17 6.30 CONTRACTOR's General Warranty and Guarantee ... ........... 17 631-6. 33 Indemnification ... ... . ..................17-18 6.34 Survival of Obligations ...............18 7. OTHER WORK..:....................................:......:..18 7.1-7.3 Related Work at Site18 7.4 Coordination 18 S. OWNER'S RESPONSIBILITIES ..... .................... J 8 8.1 Communications to CON- TRACTOR 18 8.2 Replacement of ENGINEE( ........... 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests 18-19 8.5 Insurance...........................:...........19 8.6 Change Orders.......:.......................19 8.7 Inspections, Tests and Approvals. .... I ..... 1. .1....................19 8.8 Stop or Suspend Work; Terminate CONTRACTORS Services .........:............................19 8.9 Limitations on OWNER'S Responsibilities . ........... . ...............19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material )9 8.11 Evidence of Financial Arrangem ents ..........................19 9. ENGINEER'S STATUS DURING CONSTRUCTION ........................... I. ...... ........... 19 9.1 OWNER's Representative...............19 9.2 Visits to Site „ 19 9.3 Project Representativ................. 19-21 9.4 Clarifications and Interpre- tations ........................................ 21 9.5 Authorized Variations in Wirk 21 EJCDC GENMtAL COMMONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLIN5 MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ............. ..... 21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER'sRequest ....................27-28 and Payments ............................ .......21 13.10 OWNERMay Stop the Work„_,,,,,_,.28 9.10 Determinatirns for Unit Prices...,,, 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter..............22 13.12 Correction Period ,,.28 9.13 Limitations on ENGINEER'S 13.13 Acceptance of Defective Work .,....... 28 Authority and Responsibilities-,,, 22-23 13.14 OWNER May Correct Defective Work ..................................... 2 8 -29 CHANGES IN THE WORK 10.1 .... ............ .......................:23 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment,,,,,,,,,,, ,,,,,,,,23 COMPLETION........,,,,.,,._.,,_,.-...,,.,,.;,,,..,,,...-„ 29 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents...._ ............................... 23 14.2 Application for Progress 10.4 Change Orders... ............ ...... 23 Payment................................. .... 29 10.5 Notification of Surety., .................... ... 23 14.3 CONTRACTORS Warranty of Title................... ......... ........:......29 CHANGE OF CONTRACT PRICE .......................... _23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Paym ents................29-30 Adjustment; Value of 14.8-14.9 Substantial Completion„ .............. 30 the Work ......... ..........................23-24 14.10 Partial Utilization ..................... 30-31 11.4 Cost of the Work ..........................24-25 14.11 Final Inspection-,--,....... .........31 11.5 Exclusions to Cost of the Work .........25 14.12 Final A lication for Pa PP 11.6 CONTRACTOR'S Fee ............. .-,,,..,...25 14.13-14.14 FinalPaymentandAcceptance„_,,,-31 Acceptance... 11.7 Cost Records. ..... ,,,,,,,,,,,,,,,,,,,,,,I .... 5-26 14.15 Waiver of Claims ...................... 31-32 IL8 Cash Allowances............................... 26 11.9 Unit Price Work........................ „26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................ 26 15.1 OWNER May Suspend Work .... ...... 32 12.1 Claim for Adjustment ......... ._......26 15.2-15.4 OWNER May Terminate,,,,, 32 12.2 Time of the Essence ..... 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR'S Work or Terminate,,,,,,,,,,,,,,,, 32-33 Control ............................. ...... 26-27 12A Delays Beyond OWNER's and 16. DISPUTE RESOLUTION 33 CONTRACTOR'S Control ................ 27 17.. MISCELLANEOUS..........:................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice................................33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times 33 DEFEC77PE WORK.................................................27 17.3 ....... I.-, ....., Notice of Claim..„-_ ................. 13.1 Notice of Defects„„-,,,,,....I................27 17.4 Cumulative Remedies,.,,,.-.-,,, _....33 ...... 33 13.2 Access to the Work......,,, I 27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ......_ „-„.................33 CONTRACTOR'S Cooperation,,,,-.... 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER'S Responsibilities; Intentionally left blank .................. ................. _,,35 Independent Testing Laboratory..,,.,. 27 13.5 CONTRACTOR'S EXHIBIT GC -A: (Optional) Responsibilities ............................ .27 Dispute Resolution Agreement -,,,,,,.............GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration .... ............ _ GC -Al tion, Testing or Approval.................27 16.7 .......... . Mediation,_ ............... - GC -Al iv EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CITY OF FORT COLUNS MODIFICATIONS (REV 9l99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance...........................I............5.14 defective Work,,,_ „.............10.4.1, 13.5, 13.13 final payment. ......... 9,12, 14.15 insurance........................................................ 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items„...................6.7.1 Work by OWNER.............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities„ ........................................... 4.1 site, related Work .............................................. 7.2 Work...........................................13.2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions— CONTRACTOR,6.9.1, 9.13.3 ENGINEER..........................................5.20, 9.13.3 OWNER....................................................4.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances,, 5.7 Adjustm ents-- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ............................. 4.5:3, 9.4, 9.5. 10.2-10.4, ..........................................11, 12, 14.8, 15.1 progress schedule ............ .....................I......... 6.6 Agreem ent-- definition of......................................................1.2 "All -Risk" Insurance, policy form,. -5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents, ............... 3.5 Amendment, Written -- in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 I...................6.8.2, 6.19, 10.1, 10.4, 11.2 .................................12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEER'S Responsibility. . ..............................9 final payment.................9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment...,,;..............................14.1-14.7 review of................................................:14.4-14.7 Arbitration ...... .................................... 16.1-16.6 Asbestos -- claims pursuant thereto.,. ......4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.... ........ .......................................... 1.4 Article or Paragraph Number OWNER responsibility for............................4.5.1, 8.10 possible price and times change ........................4.5.2 Authorized Variations in Work .......1.6, 6.25, 6.27, 9.5 Availability of Lands .... ..................................... 4.1, 8.4 Award, Notice of --defined ...... ................................. 1.25 Before Starting Construction..., ....2.5-2.8 Bid --definition of,,,,,,,,,,,,,,,,,,,,,_ 1.5 (1.1, 1.10, 2.3, 3.3, ......... ............. _ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of.. ................. ............... ................ 5,14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work.............................................11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ................14.12-14.14 general ...................................... j.10, 5.1-5.3, 5.13, ..........................I.............9.13, 10.5, 14.7,6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general...... ..........................5 Builder's risk "all-risk" policy form,,,-..-, ,--„5.6.2 Cancellation Provisions, Insurance,.,,,,,, 5.4.11, 5.8, 5.15 Cash Allowances, .................... .............................. j 1.8 Certificate of Substantial Completion,....,. 1.38, 6.30.2.3, ...........................................I......14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance ............. 2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5,14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment,,,,,,,,,_„ 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ............ I ....... .5, 9.11, 10.2, 10.5, 11.2, 13.9, ................... 13.13, 1114, 14.7, 15.1, 15.5 CONTRACTOR s fee.........................................11.6 Cost of the Work general... .... _ ..... ...............................11.4-11.7 Exclusions to,..............................................11.5 Cost Records.....................................................11.7 in general .,,,,.,,,,,„1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Priciig..........................................11.3.2 Notification of Surety ........................................10.5 Scope of ........ .................... ........................ 10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work........._..._. „_..,11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times - Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5. 9.11, 10.2, 10.5, 12.1, ............. 13.9, 13.13, 13,14, 14.7, 15.1, 15.5 Contractual time limits 12.2 ...... ............. Delays beyond CONTRACTOR's ................ control .......................... .......................... . ..12.3 Delays beyond OWNER's and CONTRACTOR's control.............................12.4 Notification of surety .................... .................. .„10.5 Scope of change.. ....... ............................. 10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances........:..........., ... „ ....11.8 Change of Contract Price.....................................11 Change of Contract Times ....... ........................... 12 Changes in the Work.. .................. ......................JO CONTRACTOR's fee.....................„.,.....__„.„...11.6 Cost of the Work ........ ,..... .........................11.4-11.7 CostRecords... ................................................. JI.7 definition of......................................... 1.9 emergencies ............................... 0.23 ENGINEER's responsibility,......, 9.8, 10.4, 11.2, 12.1 execution of ...................... .......10.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and, .................5.10, 5.13, 10.5 OWNER may terminate............................15.2-15.4 OWNER's Responsibility ............................. $.6, 10.4 Physical Conditions - Subsurface and,.. ............... .................... 4.2 Underground Facilities--...........................4.3.2 Record Documents . ........ ........ 6 19 Scope of Change.......................................10.3-10.4 Substitutes ............................................. 6.73, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by................................11.3 Changes in the Work.................................................10 Notification of surety ,...... _,_.............................. 10.5 OWNER's and CONTRACTOR's responsibilities ............ ................................. 10.4 Right to an adjustment.. .................................... 10.2 Scope of change ..................... ................... 10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......................................... 6.32 againstOWNER .................... ...........................0.32 Change of Contract Price.. ......... ........... 9.4, 11.2 Change of Contract Times ........ ...... „ . 9.4, 12.1 CONTRACTOR'S............ 4, 7.1, 9.4, 9.5, 9.11, 10.2, ..........................11.2, 11.9. 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 CONTRACTOR's Fee ....................................... 11.6 Article or Paragraph Number CONTRACTOR's liability ........ _5.4, 6.12, 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution........................................... 16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing.........................................11.3.2 Notice of ,,........, ....... „17.3 OWNER'S ................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 .......... ............. 12.1, 13.9. 13.13, 13.14, 17.3 OWNER'sliability.............................................. 5.5 OWNER may refuse to make payment ............... J 4.7 Professional Fees and Court Costs Included............... I ..........................17.5 ............. request for formal decision on ...........................4.11 Substitute Items .............. Time Extension .. . . ............... ...............12.1 Time requirements...................................9.11, 12.1 Unit Price Work.............................................11.9.3........................... Value of ............................... .11.3 Waiver of --on Final Payment ................ J4.14, 14.15 Work Change Directive .......... ................ .....10.2 written notice required .... ............9.11, 11.2, 12.1 Clarifications and Interpretations ..... ...... 3.6.3, 9.4, 9.11 CleanSite.......................................................I....6.17 Codes of Technical Society, Organization or Association,,,,,,,,,,., ...................3.3.3 Commencement of Contract Times ..... ............... 2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs, .....................6.22 Completion -- Final Application for Paym ent .........................14.12 Final Inspection ... . .......... Final Payment and Acceptance .. .............14.13-14.14 Partial Utilization...........................................34.10 Substantial Completion ................. ..... 1,38. 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................:...........:...6.8 6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction....................................... I .......... 2. 8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ........ ...... _ ........ 2.5, 3.3.2 Construction, before starting by CONTRACTOR ............................... . ........ 2.5-2.7 Construction Machinery, Equipment, etc, .................6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents - Amending ............................... ...3.5 Bonds..............................................................5.1 EXDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances .................. 11.8 Article or Paragraph Number Change of Contract Price...................................11 Change of Contract Times _........ Changes in the Work................................10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations ........................3.2, 3.6, 9.4, 9.11 definition of ....................................................... 1.10 ENGINEER as initial interpreter of,,,,,,,,, 9.11 ENGINEER as OWNER's representative .............. 9.1 general3 Insurance.......... :............................. ................... .3 Intent ...................... ...... ....... 3.1-3.4 minor variations in the Work ............................. 3.6 OWNER's responsibility to famish data...............8.3 OWNER's responsibility to make prompt payment ..........................8.3, 14.4, 14.13 precedence,,,,.. ...... „ ._..., .,3.1, 3.3.3 Record Documents ............. ............................... 6.19 . Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work ................ 7.2 Reporting and Resolving Discrepancies..,., 2.5. 3.3 Reuseof..........................................................:.3.7 Suppiem enting ..-......._............................... ........ 3.6 Termination of ENGINFER's Employment,,,,.,,,,, 8.2 Unit Price Work .................................................. 11.9 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEERs ............................... 9.2 Contract Price -- adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof. ..........................................................I I Decision on Disputes ........................................ 9.11 definition of....................................................1.11 Contract Times -- adjustment of., ................. 3.5, 4.1, 9.4, 10.3, 12 Change of ......... .......... ...... ....................... .12.1-12.4 Commencement of 2.3 definition of ...............................................1.12 CONTRACTOR -- Acceptance of Insurance ................................... 5.14 Communications......................................6.2, 6.9.2 Continue Work: :.................................... 6.29, 10A coordination and scheduling ,,,,,,,,,,,,,,,,,,,I ........ 6.9.2 definition of 1.13 Limited Reliance on Technical Data Authorized ............................................. 4.2.2 May Stop Work or Terminate............................15.5 provide site access to others ........................7.2, 13.2 Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2, 6.16, 6.18, .......... ......... .........6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation, ................................ ........... 11.1-11.2 Continuing Obligation,... ........ ...................... ..14.15 Defective Work ............................... 9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ........................................... 6.23 Defects in Work of Others,,,,, 7.3 Differing conditions ............. ......_............. _4.2.3 Discrepancy in Documents,,,,,,,, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated..,,,,.,., 4.3.2 Em ergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus,,,,,,,,,,,,,,,,,,,,,,,,, 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs,,,,,,,,,,,,,, 6.22 Indemnification .............. .......... 6.IZ 6.16, 6.31-6.33 Inspection of the Work .............................. 7.3, 13.4 Labor, Materials and Equipment, ...............6.3-6.5 Laws and Regulations, Compliance by .......... ,, 6.14.1 Liability Insurance,,,,,,,,,,, 5.4 Notice of Intent to Appeal ........................9.10, 10.4 obligation to perform and complete theWork....................................................6.30 Patent Fees and Royalties, paid for by ................ 6.12 Performance and Other Bonds ............................5.1 Permits, obtained and paid for by.......................0.13 Progress Schedule ...........................2.6, 2.8, 2.9, 6.6, ........................................6.29, 10.4, 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others.....................„.,,,,,._,...,._6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense .... ... ........... 0.7.1 CONTRACTOR's General Warranty and Guarantee..............................-........6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal ............... 6.25 Coordination of Work,,,,,,,,,,,,,,,, ................................ 6.9.2 Emergencies ............................ ............ ....... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ....... __..................6.7.3 For Acts and Omissions of Others ,,,,,,,,,,,,,,,,*............6.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general......................................161 7.2, 7.3, 8.9 Hazardous Communication Programs.,,...,.,, 6.22 Indemnification 6.31-6.33 vii EJCDC GENERAL CONDITIONS 19io-8 o990 EDITION) w/ CITY OF FORT COLLINS NIODTFICATIONS (REV 9/99) Labor, Materials and Equipment .............. 6.3-6.5 Laws and Regulations .................................16.14 .......*.........*.............16.14 Liability Insurance ......................................... 5.4 Article or Paragraph Number Notice of variation from Contract Documents . .... ..................................... 6.27 Patent Fees and Royalties, ............................. 0.12 Permits .......................................................0.13 Progress Schedule ......................................... 6.6 Record Documents,,,,,,,,,,,,,,,,,,, .................... 6.19 related Work performed prior to ENGINEER's approval of required subm ittals ....................... 6.28 safe structural loading .................................6.18 Safety and Protection_..................16.20, 7.2, 13.2 Safety Representative,,,,,,,,,,,,, ......,,,_.... 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by ENGINEER .................................. Site Cleanliness ­ ... ' .... * .... * .................... I .... j6.17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures ................ 6.7.2 Substitutes and 'Or -Equal" Items ...............6.7.1 Superintendence ................................ .......... 6.2 Supervision ...................................................0.1 Survival of Obligations ................................6.34 Taxes 0.15 Tests and Inspections ..................................13.5 ToReport ...................................................... 2.5 Use of Premises ..................... 6.16-6.18, 630.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim_..,..,.,,., A 7.1. 9.4, 9.5, 9.11, 10.2,11.2, .......... i 1.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection,,,,,,,,,,,,,,,,,, . 6.20-6.22, 7.2, 13.2 Safety Representative ............................. ...... ... 6.21 Shop Drawings and Samples Submitta4 .... 6.24-6.28 Special Consultants .......................................11A.4 .... ** ..... .............. *** ........ 11 A.4 Substitute Construction Methods and Procedures.. 6.7 Substitutes and "Or -Equal" Items, Expense...........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Others.,,.,,,,,, . 6.8-6.11 Supervision and Superintendence.. 6.1, 6.2, 6.21 Taxes, Payment by ......... ................................. 6. 15 Use of Premises ........... ...... ...................... 6.16-6.18 Warranties and guarantees .......................... 6.5,6.30 Warranty of Title.............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ...... _ 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion .............. ................. 14.8 viii CONTRACTORS --other 7 Contractual Liability Insurance ..................... ........ 5..4.10 Contractual Time Limits,,,,,, J2,2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility .............. ......... 6.9.2 Copies of Documents_ ...... ......................... ............. 2.2 Correction Period ............................. ............. ...... 13.12 Correction, Removal or Acceptance of Defective Work-- in general ...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work ..........................13.13 Correction or Removal of Defective Work .................................630, ................630,1111 Correction Period 13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ................................. 13.10 Cost -- of Tests and Inspections ................. .................. 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ..............................................11.4.2 '­­­ ..... ­­ ... ** .................. 11.4.2 CONTRACTOR' Fee 11.6 Employee Expenses ......................................11.4.5.1 Exclusions to ...... * ........ *­* ........ ­­* .......... ­ .... 11.5 Generall 1.4-11.5 Home office and overhead expense* ..... .............. 11.5 Losses and damages ... ............................. ... 11.4.5.6 Materials and equipment ................................ 11.4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changes ... I ......... ............... .... 11.4.1 performed by Subcontractors .... ............... 1.1.4.3 Records 11. 7 Rentals of construction equipment and machinery .......................................11.4.5.3 Royalty payments, permits and license fees 11.4.5.5 Site office and temporary facilities, ....._... 11.4.5.2 Special Consultants, CONTRACTORs ...... ' 11.4.4 Supplemental .................................................11.4.5 Taxes related to the Work,,,,. I ..... ................ 11.4.5.4 Tests and Inspectior..........................................13.4 Trade Discounts,.,.,. ... _ ........................ 11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work .......................................... .... 13.6-13.7 Cumulative Remedies .... ­ ........ - 17.4-17.5 : Cutting, fitting and patching ................................ 11-7.2 Data, to be furnished by OWNER .............................. ?.3 Day -definition of ................................................17.2.2 Decisions on Disputes, .... ­­ ............ * ............. 9.11,9.12 defective --definition of ........................................... J. 14 defective Work -- Acceptance of .......................................10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION W/ aTY OF FORT COLUNS MODIFICATIONS (REV 9/99) Correction or Removal of 10.4.1, 13.11 Correction Period ........................ _ ..................13.12 in general,,,,,,,,,,,,,, .........13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work. . ................. ............. 13.10 Prompt Notice of Defects...................................13.1 Rejecting ......................: ................ ...9.6 Uncovering the Work.......................................13.8 Definitions ................................................................ I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ......... .................9.10 Differing Subsurface or Physical Conditions — Noticeof.........................................................4.2.3 ENGINEER's Review ..............................-....... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments ............. 4.2.6 Discrepancies -Reporting and Resolving, ................. ............. 2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement ...................................„..........16.1-16.6 Arbitration ...................... *............... .........16.1-16.5 general16 Mediation.......................:.................................16.6 Dispute Resolution Agreement ................ I ......... 16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Docum ents-- Copiesof ................... .................. ............... .:._,.2.2 Record 6.19 Reuseof............................................................ 3.7 Drawings --definition of...........................................1.15 Easements............................................._............—Al Effective date of Agreement— definition gf..............J.16 Emergencies... ........................................................ §.23 ENGINEER -- as initial interpreter on disputes., .....9.11-9.12 definition of ............................................ 1.17 ........... Limitations on authority and responsibilities...... 9.13 Replacement of,.... ............................................. 8.2 Resident Project Representative ........................_9.3 ENGINEER's Consultant -- definition of ............... J.18 ENGINEER's-- authority and responsibility, limitations on ..... _ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for,,,,._„9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes...... I .................... I ... .11-9.12 defective Work, notice of„................................13.1 Evaluation of Substitute Items .........................6.7.3 Liability .................................................. 6.32, 9.12 Notice Work is Acceptable ............. I................14.13 Observations, ... ..................... ........6.30.2, 9.2 OWNER's Representative._...........................-.....9.1 Payments to the CONTRACTOR, Responsibility for,.,...,,., .....9.9, 14 Recommendation of Payment .................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on,,,,,,,,,,,,,,,„9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions,........., .................. 4.2.4 Shop Drawings and Samples, review responsibility ............... .................. ............. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations— ......... .......9.4 Decisions on Disputes,,,,,,;,,,,,,,,, ,,,,,, 9.11-9.12 Determinations on Unit Price,,,,, ENGINEER as Initial Interpreter,.,,,.,., 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative ......... ............. . .1 Project Representative...................................9.3 Rejecting Defective Work ... ...........9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations.................................9.10 Visits to Site ...................... ......... .............. .92 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and.. ...................... 6.3-6.5 Equipment rental, Cost of the Work ....... .......11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or omissions..................................................0.33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's--Costs Plus ......... .............11.6 Field Order -- definition of.....................................................).19 issued by ENGINEER ,,,,,,,,,,,,,,,,,,,,, ... 3.6.1, 9,5 Final Application for Payment...............................14.12 Final InspectiM...................................................14.11 Final Payment -- and Acceptance.....................................14.13-14,14 Prior to, for cash allovances ..... _.. ............11.8 General Provisions..........................................17.3-17.4 General Requirements — definition of ... ..................................................1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR,,,,,,., 6.30, 14.12 Hazard Communication Program s.......................... 0.22 Hazardous Waste -- definition of....................................................1.21 general............................................................. 4.5 OWNEWs responsibility fcu...............................8.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 2018 ALL PRO ASPHALT SERVICES INC. CRACK SEAL RENEWAL 3/27/2018 BID SCHEDULE FOR 2018 CRACK SEAL AND FILL BID *THIS BID SCHEDULE EXCLUDES CRACKSEALANT AND CRACK FILLER MATERIAL* BASE BID SCHEDULE 1 2018 Unit Prices Item No. Item Description Unit Contract Quantity Unit Price Total Cost per Line Item 408.01 Crack Sealant (Arterial) LBS 0 S 1.03 S - 408.02 Crack Sealant (Collector) LBS 50,000 $ 0.90 S 45,000.00 408.03 Crack Sealant (Residential) LBS 230,000 1 $ 0.90 S 207,000.00 .07 Siz Person Crack Sealant Crew HOUR 0 s 206.00 S - .08 Mobilization I'S 8 S 515.00 $ 4,120.00 .01 R Variable Message Board EA DAY 0 s 154.50 $.02 Advance Warning Aarow Board EA DAY 20 $ 103.00 S 2.060.00 .03 Additional Flagging Personnel HOUR 75 S '_7.81 s 2,085.75 .04 Night Work Up -Charge EA NIGHT 0 1 $ 206.00 S - Total $ 260,265.75 *MATERIAL SHALL BE EXCLUDED FROM THE BID SCHEDULE. MATERIAL SHALL BE SUPPLIED BY THE OWNER.* BID ALTERNATE 2 408.04 Crack Filler (Arterial) LBS 8,000 $ 2.06 S 16,480.00 408.05 Crack Filler (Collector) LBS 8,000 $ 2.58 S 20,640.00 408.06 Crack Filler (Residential) LBS 10,000 $ 3.09 S 30,900.00 Total S 68,020.00 Bid alternate t is to be filled out with accurate pricing by the bidding contractors. The cost for these items shall not be included in the awarding Indemnification ............................. 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules..................................2.9 Inspection— Certificates of..............................9.13.4, 13.5, 14.12 Final..........................................................14.11 Article or Paragraph Number Special, required byENGINEER ......................... 9.6 Tests and Approval .................. ........$3, 13.3-13.4 Insurance — Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work...........................................11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general........................................5 Cancellation Provisions ....................................... 5.8 Certificates of ...................�.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9,13.4, 14.12 completed operations..., .......... ...... ...5.4.13 CONTRACTORS Liability..................................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability... .............. .................... 5.4.10 deductible amounts, CONTRACTORS responsibility ...................... .......................... 5.9 Final Applicaion for Payment .........................14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace.............................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds..............5.12-5.13 OWNER's Liability .............................. .............. 5,5 OWNER's Responsibility....................................8.5 Partial Utilization, Property Insurance...............5.15 Property.................................................... 5.6-5.10 Receipt and Application of Insurance Proceeds..............................................5.12-5.13 Special Insurance ..................................... . ....... 5.10 Waiver of Rights..............................-...............5.11 Intent of Contract Documents..........................._3.1-3.4 Interpretations and Clarifications .... .... ........3.6.3, 9.4 Investigations of physical conditions ........................ 4.2 Labor, Materials and Equipment..........................6.3-6.5 Lands -- and Easements ......................... ........................................... ......F.4 Availability of.............................................4.1, 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work........................................10A Contract Documents...........................................3.1 CONTRACTORS Responsibilities ....... . ............ 6.14 Correction Period. defective Work ...... ..............13.12 Cost of the Work, taxes...............................11.4.5.4 definition of ................................. .............. .....1.22 general6.14 Indemnification 6.31-6.33 Insurance .................. .................................. .......5.3 Precedence................................................3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection 6,20, 13.2 Subcontractors, Suppliers and Others........... 6.8-6.11 Article or Paragraph Number Tests and Inspections ..:............................... 13.5 Use of Premises ............... ......... .............. 0.16 Visits to Site.......................................................9.2 Liability Insurance— CONTRACTORs.............................:................, 5.4 OWNERS.......................................................... 5. 5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment ................. _... CONTRACTORs Warranty of Title....................14.3 Final Application for Payment ..........................14.12 definition of .................... ......... ................ 1.23 Waiver of Claims................................„.__,,,,,,.14.15 Limitations on ENGINEEWs authority and responsibilities .................... .............................. 9.13 Limited Reliance by CONTRACTOR Authorized ............ ...........................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence....................................................33.3.1 Reference to in Contract Documents ,,,,,,,,,,,,,,,,„3.3.1 Materials and equipment -- furnished by CONTRACTOR .............................: 6.3 not incorporated in Work, .................................. 14.2 Materials or equipment --equivalent ........................ 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................i.24 Miscellaneous -- Computation of Times.......................................17.2 Cumulative Remedies,,,,.._............._....,,....._.._.,17.4 Giving Notice.,,,,,,,,,, ............ .............. _ Notice of Claim .................................. .17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ................................................. 7 Not Shown or Indicated.........................................4.3.2 Notice of -- Acceptability of Project ................................... 14.13 Award, definition of ......................................... 1.25 Claim .......................... 173 Defects,13.1 Differing Subsurface or Physical Conditions,,,,,, 4.2.3 Giving........................... 17.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample ,,,,,,,,,,,,,,,„0.27 Notice to Proceed -- definition of ............................... .1.26 givingof..... .......................................................2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety ........................................... ..10.5 Observations, by ENGINEER .,., 6.30, 9.2 Occupancy of the Work,,,,_...,_„.....,5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ........ ...... .¢.9, 9.13 Open Peril policy form, Insurance, . ......... .............. 5.6.2 Option to Replace ................................................... 5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of „„............................. 6.3 OWNER -- Acceptance of defective Work ..........................13.13 appoint an ENGINEER ..................................... 8.2 as fiduciary... .......................... ................. 5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition ot............... ....... ............. .................. 1.27 data, furnish ......................... .....8.3 May CorrectDefective Work .......................... ..13,14 May refuse to make payment...:.........................1.4.7 May Stop the Work........................................13.10 May Suspend Work, Terminate ...........................$.8, 13.10, 15.1-15.4 Payment, make prompt ,,,,,,,,,,,,,,,,,,„.?.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements..... ......... ..... 6.13 purchased insurance requirements,,,,,,,,,,,,,, ............... OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execute ,.......... 8.6, 10.4 Communications................................................8.1 Coordination of the Work 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals..................F,7, 13.4 Liability Insurance ............................................ 5.5 Notice of Defects 13.1 Representative --During Construction, ENGINEERS Status 9.1 Responsibilities— Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders, ............ ........................... 8.6 Changes in the Work...................................10.1 communications............................................9.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approvals .....................8.7 insurance ....................................................... 8.5 lands and easements.,.,,,„.............................8.4 prompt payment by,.. ............................ ...... 8.3 replacement of ENGINEER..*.......................8.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site.............................9.3 testing, independent...................................I.....13.4 use or occupancy of the Work ..........................5.15, 6.30.2.4, 14.10 written consent or approval required ................ 9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9!99) Article or Paragraph Number written notice required ................. ....„7.1, 9.4, 9.11., ....................................11.2, 11.9, 14.7, 15.4 PCBs__ definitionof.................. ....... ._...... .................... 1.29 general............................................... I .............. 4.5 OWNER's responsibilityfor ...............................8.10 Partial Utilization— definition of, ..................................................... 1.28 general6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of ......... ..... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ...................14.3 Final Application for Payment ........................ 14.12 Final Inspection ........... .............................. ...... 14.11 Final Payment and Acceptance ................ general........................................................ 8.3, 14 Partial Utilization ............................................ 14.10 Retamage..........................................................14.2 Review of Applications for Progress Payments................................ prompt payment..................................................8.3 Schedule of Values, ............ I.......................„ 14.1 Substantial Completion,,,,,,,,,,,,,,,................ 4.8-14.9 Waiver of Claims 14.15 when payments due ...................... ......... 14.4, 14.13 withholding payment„ ,,,,,-.. .... ............ 14.7 Performance Bonds............................................5.1-5.2 Perm its G.13 Petroleum— definition of......................................................1.30 general.............................................................. 4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to :....................... 4.2.1.2 ENGINEER'S review ......................................... 4.2A existing structures ................. ............... ......... I.. 4.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or, ..................... 4.2.3 Possible Contract Documents ChanSe...............4.2.5 Possible Price and Times Adjustments,,,,,.,,_,._„ 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and....................................................4.2 Subsurface Conditions ,.,,,,,,..I ........... _„_„--,,,,.4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized, ........ .......... ..4.2.2 Underground Facilities -- general.... ............................................. ........ 4.3 Not Shown or Indicaed..............................4.3.2 Protection of.........................................43, 6.20 Xii Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference ........................................ 2.8 Preliminary Matters.....................................................2 Preliminary Schedules .............................................. 2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract..........................................11 Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for,,,,,,,,,,,,,,,,,,,,,,,, 14.2 Progress Payment--retainage................................ _ 14.2 Progress schedule, CONTRACTORs............ 2.6, 2.8, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project--defmition of...............................................1.31 Project Representative— ENGINEER's Status During Construction,..,._..... 9.3 Project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER ...................................... 8.3 Property Insurance-- Additional ...... ....... .................... ....... *"' *""_.-....5.7 genera15.6-5.10 Partial Utilization5.15, 14.10.2 receipt and application of proceeds ,,,,........5.12-5.13 Protection, Safety and..............................6-20-6.21, 13.2 Punch list .................... ........................... ...........14.11 Radioactive Material-- defmtion of ............................................. ....1.32 general4.5 OWNER's responsibility for..............................F.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents ............... 6,19, 14.12 Records, procedures for maintaining, ....... ................. 7.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite ............................................. ........... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work ,.,.,_,,.,,_ ... 13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings ................................................. 4.2.1 and Tests, OWNER's responsibility ..................... 8.4 Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................ 9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'; ............... 6.2 Responsibilities-- CONTRACTOR's-in general .................................. 6 ENGINEER's-in general...................................I....9 Limitations on.............................................9.13 OWNER's-in general., ... I., ............ ......................... 8 Retainage .................... ......................................... 14.2 Reuse of Documents ................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal.. ........................6.25 Review of Applications for Progress Payments .................. ................... 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and... .................................... 6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ..... ...... ............ ............... 6.20-6.21, 7.2, 13.2 general ............................................. . ...... 6.20-6.23 Representative, CONTRACTORs ..... I ........... I..., 6.21 Samples -- definition of ......... ..................... ....... ................ 1:34 general .................................................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work ......................... ..........................:6.28 submittal of .................................................... .24.2 submittal procedures.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values.............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting ..... ........ .......................... ................. ...6.6 Change of Contract Times.................................10.4 Initially Acceptable ........ ......... ...........2.8, 2.9 Prelim inary .................................. ................. .....2.6 Scope of Changes......................................10.3-10A Subsurface Conditions,.......................................4.2.1.1 Shop Drawings -- and Samples, general ............................... 6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of.....................................................1.35 ENGINEER's approval of.........:........................3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work....................................................6.28 review procedures ................... __........ 2.8, 6.24.6.28 Article or Paragraph Number submittal required ......................... ...............6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access .......................... ,..........................7.2, 13.2 Site Cleanliness ....... ............. . ................................. .17 Site, Visits to — by ENGINEER .......................................... 9.2. 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance ........................................................5.6.2 definition of ....................... .,:............. ........... ..1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference tq.................3.3.1 precedence ..................... . . Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before., ..................... ....... 2.5-2.8 Starting the Work.....................................................2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 byOWNER.....................................8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1. 7.2 Structural Loading, Safety.........:..............................6.18 Subcontractor-- Concerning,..............................................:6.8-6.11 definition of.........................:...........................1.37 delays............................................................12.3 waiver of rights .......................... .................. ....6.11 Subcontractors --in general ........ ......................... 6.8-6.11 Subcontracts --required provisions.,....,., 5.11, 6.11, 11.4.3 Submittals — Applications for Payment, Maintenance and Operation Manuals...............14.12 Procedures.... ... ........ ................... ...... _6.25 Progress Schedules......................................2.6, 2.9 Samples ..... .............................................. 6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6,24-6.28 Substantial Completion -- certification of ...................._.......0. 30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's Expense.... I ...................... 6.7.1.3 ENGINEER's Evaluation ......:...................... 6.7.3 #'Or -Equal ..................................... ..6.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures .............................................6.7.2 Substitute Items Subsurface and Physical Conditions -- Drawings of, in or relathg to ......................... 4.2.1.2 ENGINEERS Review ............................. 4.2.4 general................... ... ___ ............................. 4.2 Limited Reliance by CONTRACTOR Authorized ....................................... ......... 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... . 4.2.3 Physical Conditions .......................................4.2.1.2 Possible Contract Documents Changei ...............4.2.5 Possible Price andTim es Adjustments,..,.., .........4.2.6 Reports and Drawings ......................................4.2.1 Subsurface and ........................... ............... ........ 4.2 Subsurface Conditions at the Site � ................. 4.2.1.1 Technical Data .......................... 11 ......... ........... 4.2.2 Supervision- CONTRACTORs responsibility .......................... 6.1 OWNER shall not supervise,,,,,,,,,,,,,,,,,,,,, 8.9 ENGINEER shall not supervisq ................ 9.2,9.13.2 Superintendence.......................................................0.2 Superintendent CONTRACTORS resident ...............6.2 Supplemental costs, .................. ........................... 11.4.5 Supplementary Conditions - definition of......................................................1.39 principal references to ................. 1.10,1.18,2.2,2.7, ....... ................ 4.2, 4.3. 5.1, 5.3. 5.4, 5.6-5.9. .... I ........... 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents .........................3.6 Supplier - definition of ......................................................1.40 principal references to..... , .... . 3.7, 6.5, 6.8-6.11, 6.20, ..........................................0.24, 9.13, 14.12 Waiver of Rights...............................................5.11 Surety - consent to final payment ....................... J 4.12, 14.14 ENGINEER has no duty to ................................ 9.13 Notification of ................ ................. 10.1, 10.5,15.2 qualification of ...... 5.1-5.3 Survival of Obligations,,.,.,,,,,,............................. - 6.34 Suspend Work, OWNER May ..... ................. J3.10,15.1 Suspension of Work and Termination . ...................... 15 CONTRACTOR May Stop Work or Terminate ...............................................15.5 OWNER May Suspend Work ..............................15.1 OWNER May Terminate ...................... ...... 15.2-15.4 Taxes --Payment by CONTRACTOR .........................6.15 Technical Data -- Limited Reliance by CONTRACTOR .......... ...... 4.2.2 Possible Price and Times Adjustment*., ............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ........................... I ...... xiv Temporary construction facilities............_. ..... 4.1 Article or Paragraph Number Termination - by CONTRACTOR ...........................................15.5 by OWNER ............... .................. 8.8,15.1-15.4 of ENGINEER!s employment ..............................8.2 Suspension of Work-in general .............................15 Terms and Adjectives ............................... ............... 3.4 Tests and Inspections - Access to the Work by other4 ......... __ ............. j3.2 CONTRACTORS responsibilities„„_ ................... 13.5 cost of 13.4 covering Work prior to .................. ....... 13.6-13.7 Laws and Regulations (or), ............................... 13.5 Notice of Defects-..._..... ........... 13.1 OWNER May Stop Work ................................. 13.10 OWNER!s independent testing .............. ........... J3.4 special, required by ENGINEER ......................... 9.6 timely notice required.. ...... ........................ I ..... 13.4 Uncovering theWork, at ENGINEERS request................................................ 13.8-13.9 Times - Adjusting........... ............................................... 6.6 Change of Contract .............................................12 Computation of ................................. ............ 17.2 Contract Times -definition of ...........................1.12 day...............................................I.........17.2.2 Milestones,,,,,,,,,,,,,,, 12 Requirements - appeals.................................................. 9.10,16 clarifications, claims and disputes ..................9.11, 11.2,12 Commencement of Contract Times ................. 2.3 Preconstruction Conference q ....... ................... 7.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of ....................................... ............ 14.3 Uncovering Work, ............... I .................... I ....... 13.8-13.9 Underground Facilities, Physical Conditions - definition of '......................... ..........ated J.41 Not Shown crInic.............................. 4.3.2 protection of .............. __ .................. ....... 4.3,6.20 Shown or Indicated Unit Price Work - claims.........................................................11.9.3 definition of ....................................................1.42 .......................­..........J.42 general 11. 9, 14.1, 14.5 Unit Prices- generalll.3.1 Determination for ................. ..................... 9.10 Use of Premises, ................................6.16, 6.18, 6.30.2.4 Utility owners ....................... __.6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ...................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work 11.3 Values, Schedule of ............................. 2.6,2.8-2.9,14.1 EXIX GENERAL COMMONS 1910.8 (1990 EDITION) w/ CITY CF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER.. .......... I ...... I..............19.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured parties..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................0 30 Warranty of Title,CONTRACTOR's.......................14.3 Work -- Access to..........................................................13.2 byothers ................ ................................ Changes in the ... ............ .:................. .................. 10 Continuing the ............... ...................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of ..................................................... 7.4 Cost of the,... ............................................. 11 A-11.5 definition of ..... ................ ................................. .43 neglected by CONTRACTOR ..............._..... ... otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site, ..... I ............... I ........... ­ 7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER ........ ......................... 15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ...................................................... 1.44 principal references tq_. ..................3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references tq.............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2. 6.19, 10.1, 10.4, ...........................11.2,12.1,13.12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1, 9,10-9.11, "................................... 10.4, 11.2> 12:1 by OWNEi...... I .............. 9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-s (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents, 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5, Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bid&I& Docwnents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtion) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4I2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be famished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER s Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements -Sections of Division I of the Specifications. 1.21. Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22.b. Legal Holidays--shall be those holidays observed by the City of Fort Collins. 1.23. Liens -Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award -A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER -The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDCGFNER.4L CONDTTTONS 1910-8 (1990 E(Vian) wi CITY OF FORT COU INS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours -Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples -Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spec cations -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor -An individual, fum or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEERs definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completer) construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS De&very of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request., at the cost of reproduction. Commencement of Contract Times; Notice to Proceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS I910-8 (1990 Edition) wl aTY OF FORT COLLINS MODIFICATIONS (REV 4t2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement r e t ..ill the Contr.,.t Tim of the Agreem ant; witieheyef date is efflief. Starting the Work: 2A CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be dote at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review bar Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and O;W shall eseh deliver to the ether OWNER, with copies to ENGINEER SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed certificates of insurance (and other evidence of insurance ably requ�st requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.7. Preconstraction Conference. 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules.• 2.9. Unless otherwise provided in the Contract Documents I4pplicatien for Payment before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by 0will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORs full responsibility therefor. CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORs schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 11. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 19105 (1990 Edtiai) w! C[TY OF FORT COLLINS MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies. 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 11; during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the fuunishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved' or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents.• 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or fiunishmg any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall fianish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR statement of reear4 lop! title and legal deseriptian of th lands upen WhiGh the wede is to be perfeEffied an of of �,a,,,.�� aoa lionagainst such larAs--in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERS furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any clairn against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.23. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.23.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GF NER4L CONDITIONS 1910.8 (1990 E(5tion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times A4ustntents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of; the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if. 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Condition. -Underground Facilities: 4.3.1, Shown or Indcated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (n) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EICDC GENERAL CONDITIONS 1910-3 (1990 Edtian) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR sd l may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. •.r r1 �• 1. ' • • 1� 1. •'No � . Y - s_ 1. 1 L 1_ 4.5.5. T— ie provisions-,of-paragrap Q mid 4.3 are atf.j' or rev Baled at the s:re EJCDCGENEP-4,L CONDITIONS 1910-8 (1990 Edition) w! aTY OF FORT COUJNS MODIFICATIONS (REV 42000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds 5.1. CONTRACTOR shall fiunish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shad remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit StafL Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNM 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 9sR shell or -any --other pagraphs-3 CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9 include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; FJCDC OFNFR.4L CONDITIONS 1910-8 (1990 Edition) wf CQTY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: pfer,=iranee,apffi the Work at the site in the afna— of U-SE thereof (subject to such deAsefible Amou s as may be provided in the Genditiens of Fequifed by Laws an Rego c l.e "a �2—�;. written v;,rn-B -ens-Iraslc—terll itsle=er open Peril ef speGial eauses of less pehey form tha damage tulle Work, temporary buildings; false the fell _" , perils: fire, lightnis n e od 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others is the \71..'i. to the egaent of any deductible amounts t1,,,t .. The risk of 1... (VITTT'D �(`TIID C eaeh may tain it at " Pur-ehasees Own expense. L72..r .• • I. IN• ilia .. Y 10 EJCDCGENER.4L CONDITIONS 1910-9 (1990 Eltion) w/ CITY OF FORT COLUM MODIFICATIONS (REV 4R000) Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNERS exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers andz if Feauifvd in Titin by mw igaFW canoe ofsuch4uties. Acceptance of Bonds and Insurance; Option to Replace: 5,14. If either —part), — GGgNTD AGTOR) OWNER has any objection to the coverage afforded by or other provisions of the Bends --or insurance required to be purchased and maintained by the e4w--party CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (er- ether ev-idenee requested) to OWNER as required by paragraph 2.7. uzired--of—such party by--the---Contract Ach Patty shall notify the other PaFty� sqe pfier- to the start of other aeeordn,4�y- Partial Udfilation—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-3 (1990 Fdticn) w/ CITY OF FORT MUMS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORSs representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNERs written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that surmliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment, All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance ,Nith paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Tunes (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal " Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 EJCDCGENERAL CONDITIONS 1910-5 (1990Ecfition) W/ CITY OF FORT COLUM MODIFICATIONS (REV 4I2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONMACTOR' Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' expense. 6.7.2. Substitute Construction Methods or Procedures: If a speck means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. EICDCGENEItAL CONDITIONS 19io-s o99oEeition) wt QTY OF FORT COLLINS MODIFICATIONS (REV 4t2000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting). T) he 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--apA € GGTURAGTGR has submitted a list thereof : aceefdanee with the Supplementmy Conditions OWNER's or ENGINEERS acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of en so identified may be fevoked en th ba in w" ease GONTRAGI:OR shag -Rihmit an adj eeoasieried by wiH be issued or Written Amai&nerit si� will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplies or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". SECTION 00510 NOTICE OF AWARD DATE: April 6, 2018 TO: Waterhouse Inc. dba All Pro Pavement PROJECT: 8457 Crack Seal & Fill Project - 2018 Renewal OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 27, 2018 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8457 Crack Seal & Fill Project - 2018 Renewal. The Price of your Agreement is Two Hundred Sixty Thousand Two Hundred Sixty -Five Dollars and Seventy -Five Cents ($260,265.75). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 23, 2018. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Citv of F iollins OWNER By: , �� I Gerry I Purchasing Director 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organization performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever 4, such agraaient s an paragraphs36 of 3 7, the' — he agreement-4iet�veer�—the e de ..il .:..r— OVT TER !"lITTTD A/"Tf�D such peliGies the Work. if separate vmn,-er fems-ta be signed by any Subeentfaeter-or Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license: fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Worst of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDC GENERAL CONDMONS 19103 (1990 Edition) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fiirnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulation. 6.14.2. If CONTRACTOR performs any Work - knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes an materials to be perrtlanently incorporated into the project. Said takes shall not be included in the Contract Price, Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to_be_paid-by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by o based upon CONTRACTORS performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Wok. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, no shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. MCDC GENERAL CONDITIONS 19I0-8 (1990 Edition) w/ QTY OF FORT COLLINS MODIFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTORS duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies• 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings andSanrples- 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC GENERAL CONDITIONS 191 M (1990 E(fition) 16 wt CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a speck written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR - Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONMCTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcor&actors or Suppliers, or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 19104 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Doeum ents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER, 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or fiunish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORD Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (H) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is perfuming the additional work with OWNERSs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDCCENERALCONMION9191M(1990EMm) w/ QTY OF FORT COLLIIIS momiCAnom (REV 4,7000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other wok as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13, 8A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.3 CP responsibilitiesFespeot in ..f pur..4as—ir.n 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 83. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. S:11. if — t aEratigemeflthave—beef ao «: G. nii-;ER!,s obfi c-Itiora—under, the Eontraet R§ �upplementwy Condit ors. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OR 7VFR's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative.- 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs9.3 and 9.13 and in Lhe e,,....1.....en Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 of these General Conditions If the ENGINEER furnishes a Resident Project Representative (RPR) or other assistants, or if the OWNER designates a Representative or agent, all as provided in paragraph 9.3 of the General Conditions. these Representatives shall have the authority and limitations as provided in paragraph 9.13 of the General Conditions and shall be subject to the following: 93.1. The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concernma acceptability., 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 93.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 9.3.2.4.Review of Work_ Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visitirrg inspectors representing public or other agencies having iunsdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the Ion I[e7 `i�� 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for 2U EJCDC GENERAL COMMONS 1910-8 (1990 Edtim) WI QTY OF FORT CDLLINS MODIFtCAT1oNs (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 93.2.7. Records. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic reports as required. of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders _Work Directive Changes and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.29. Payment Requests Review applications for payment with CONTRACTOR for oomph with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values. work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring_ correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize an9 deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.33. Undertake any of the responsibilities of the CONTRACTOR Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4. Advise on or issue directions relative to, or assume control over aW aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in Dart. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EYCDC GENERAL, CONDITIONS 1910-3 (1990 Edition) wt aTy OF FORT COLLINS MODIFICATIONS (REV 42000) Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes.- 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL COND11TONS 1910-8 (1990 Edition) 22 wl CITY OF FORT COLLINS momiCAnoNs (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14,15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter . 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or famishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to arty Work performed that is riot required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (in) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GFNERAL CONDITIONS 1910.8 (1990 Edition) w! CITY OF FORT COU INS MODIFICATIONS (REv 4l2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE ll.L The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6th day of April in the year of 2018 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Waterhouse Inc. dba All Pro Pavement (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8457 Crack Seal & Fill Project - 2018 Renewal and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins Streets Maintenance Program, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed three (3) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. 3.2 The Work shall be Substantially Complete within Two Hundred (200) working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Five (5) working days after Substantial Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Pa oll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but net be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits,- bemuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCDCGFNERALCONDITION51910.8(1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 1 l .5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOWs employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and band tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. Ity however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. I I.S. The term Cost of the Work shall not include any of the following: II.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtion) w/ QTY OF FORT COLLINS MODIFICATIONS (REV 41L000) 11.5.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.1 for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee the ne. ; to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11,4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs l l.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 EJCDCGENERAL CONDITTONS 191" (1990Ec5tiai) w/ CITY OF FORT COU IM MODIFICATIONS (REV 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty da s after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR carmot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (t) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects. Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEERS Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at .gable time for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENIGINF.ER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EKT C GENERAL CONDITIONS 1910.8 (1990 Edtion) w! CITY OF FORT COLLINS MODIFICATIONS (REV V2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5, If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACPOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACT OR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereo) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction orRenuoval of Defective Work.• 13.11. If required by ENGINEER CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one year two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.123. Where defective Work (and damage to other 28 EJCDCGEI�IERAL CONDITIONS 1910-8 (1990Edtion) wl QTY OF FORT COLLINS MODIFICATIONS (REV 42000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ene year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Paymant: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. AM funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for pg3nent form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieakons for Progress Payment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJC DC GENERAL CONDITIONS 1910.8 (1990 Edticn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEF..R.'s on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents tsubject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 2Q OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or famishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EICDC GENERAL C0NDITION81910.8 (1990 Fditim) 30 w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to INGINEEWs issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWNER at OWNERS. option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (n) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Wok, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.0WNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire .)Fork or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5A.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails MCDC GENERAL COMMONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.14. If; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTORS final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims• 14.15. The making and acceptance of final payment will constitute: 14,15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of arty special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 1S-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2:3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if arty) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EJCDC CENEPLAL CONDITIONS 1910-8 (1990 E(Itton) w/ C[TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop Work or Terminate: 15.5. It; through no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of cant or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Tune: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. F.1CDC GEN TERAL CONDITIONS 1910-8 (1990 Edt;on) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such irijury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costslneluded: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows, 17.62. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 1) Substantial Completion: Five Hundred Dollars ($500.00) for each working day or fraction thereof that expires after the Two Hundred (200) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each working day or fraction thereof that expires after the Five (5) working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Sixty Thousand Two Hundred Sixty -Five Dollars and Seventy -Five Cents Dollars ($260.265.75), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. EJCDC GENERAL CONMTFONS 1910-8 (1990 Edition) 34 vv/ CITY OF FORT COLLINS MODIFFCATIONS (REV 42000) (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 412000) 36 EJCDC CFNER'4L CONDITIONS 191M (1990 Echtim) w/ CITY OF FORT COUJNS MODIFICATIONS (REV 4I2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREENIENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty fay or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EICDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2, such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtian) OC.AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Crack Seal & Fill Project - 2018 Renewal CONTRACTOR: Waterhouse Inc. dba All Pro Pavement PROJECT NUMBER: 8457 1011 _=0]V129910 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: BLTA99 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order Current contract Amount. Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: $0.00 1 AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 2018 CRACK SEAL & CRACK FILL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01340 Submittals 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 2-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8-9 General Requirements 10-11 General Requirements 12 General Requirements 13-14 General Requirements 15 General Requirements 16 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Operation shall be in accordance with Section 108. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner, s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darren Moritz/Tom Knostman will be the Program Manager/Project Engineer. Tom Knostman 970-221-6576 Office 970-679-7947 Cell Phil Martinez 970-221-6615 970-672-6041 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of 16 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado Utilities 221-6700; Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970-566-4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergencies: 911 General Requirements - Page 3 of 16 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Project Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Engineer shall introduce the City Representative(s). B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Project Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Project Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Project Manager, Project Engineer, and City Representative(s). 4. Traffic Control Supervisor. 5. Others as may be requested by Contractor, Owner, or Owner's Representative. C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identif►cation and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. General Requirements - Page 4 of 16 SECTION 01040 COORDINATION D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping, and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of 16